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IsPuts are a natural part of life. For many, conflicts are terrible. They try to avoid these people at all costs. Conflicts increase due to injustice, unfair access to resources, change of relations, gain of wealth through unfair sources, lack of education, unemployment, poverty and discrimination.
Law courts are a clear dispute that is about to resolve the forum. However, requesting from the court is often seen as the last resort. It has been said that a nation can be decided by the number of pending cases before its courts. In Pakistan, some issues have been pending for decades.
Almost every law / law provides a special time to decide cases. However, not all matters are decided within a specific time mentioned in the rules. This is a violation of Article 37 (D) of the Constitution and the principles of rapid justice.
Swift Justice is considered the most beloved justice. The delay in the delivery of justice also goes away from a fair decision to value it. Delays in the distribution of justice often resort to alternative ways to settle their disputes for litigation.
Alternative dispute resolution (ADR) is a way to go to a court and try to resolve the dispute without any regular trial. ADR is a vehicle to improve communication between the parties and provide a forum for a creative solution to the conflict that meets the needs of the parties. The parties incorporate a neutral person/ party services that help them reach the deal to avoid legalization and work towards a voluntary/ unanimous agreement.
There are four general types of ADR. They work in different ways. Each of these types of conflicts is suitable for a section.
1. Negotiation: The parties voluntarily participate in their dispute settlement without the intervention of a third person.
2) Arbitration: A third person (arbitrator/ sale) facilitates the resolution process and helps the parties discuss their legal differences to help them get into the deal.
3) Reconciliation: The parties use a reconciliation that meets both the parties separately and together, and seeks to resolve their differences.
4) Arbitration: The dispute is resolved by a mediator as a private judge who enforces the resolution. After the agreement’s parties agreed, mediation is often the time to resolve the contract dispute through arbitration.
Under Article 37 (D) of the Constitution, it is the responsibility of the state to ensure cheap and fast justice. A legislative attempt was made for this purpose when Section 89 -A and Order -10 Roll -1 (1A) Code of Civil Procedure were filed in 1908 via the 2002 Ordinance No. 34. The provisions are as follows.
Section 89-A
The court, where the facts and circumstances of the matter, in a case or in connection with a case or in connection with a case, the purpose of the party’s consent of the party’s alternative dispute procedure, including mediation and consultation.
Order -10 Roll 1 (1A).
The court can adopt any legal procedure that does not contradict the provision of this code:
1) Conduct preliminary proceedings and issue an order for a speedy action of the case.
The solution to alternative disputes is often less expensive, less time demand, low pressure and eventually beneficial. It saves money, accelerates settlement and promotes reconciliation.
2) Issue with the consent of the parties to check the witnesses, recognize the documents and take other steps for the purpose of trial.
3) Adopt with the consent of the parties, an alternative way to resolve the dispute, including arbitration, reconciliation or any other means.
These provisions empower the courts to enable and encourage the parties to adopt ways and means to resolve the dispute through the ADR procedures. Such methods not only relinquish the parties of expensive and prolonged litigation, but also save time for the court.
The Khyber Pakhtunkhwa government issued an alternative dispute resolution act in 2020. Under Section 2 of the aforementioned Act, alternative resolution of disputes means a process in which the parties are willing to resolve any other dispute other than the court’s formal decision.
Under Section 3, the court, the deputy commissioner, or any other officer named by the government, can refer to the civil dispute for the ADR with the consent of the parties, when there are no complex questions of the facts and the law.
Frames matters with the consent of the parties, referring to the reference, court, or authority. It also sets a timetable to complete the ADR action, which is not more than three months. Time can be extended for three more months at the request of both sides.
Under section 4, criminal cases that are compounded under Section 345 of the Code of Conduct of Criminal Procedures can be sent to Celsius for the ADR with the consent of the parties.
On the recommendation of the district administration, the selection committee at the divisional level for each district is informed by Section 7.
Salisine has been selected among the seven -year practice, retired judicial officers, retired government employees, religious scholars and other lawyers with other people of integrity for a three -year period. Judicial Academy or other recognized institutions have arranged the necessary training for Salaxin.
The referring authority under Section 8 points to the ADR case with the consent of the parties to the penalty. Upon completion of the ADR, the matter is presented to the court under Section 10 and under Section 15 (1) the court announces a verdict/ decree or order in the case of settlement. It has been hanged under Section 16.
Section 17 is banned from appeals or reviews against the aforementioned decision/ decree or order. The pending cases before the appellate or revised court can also be sent to the ADR for a settlement under section 23 of the Act. Section 21 has implemented the oath-taking act and has excluded the supply of law and order.
In Section 24, it is provided that the Code of Conduct for Salaysian will be prepared by the government’s home and tribal Affairs Department. If anyone violates the Code of Conduct, they will be removed from the Salisian penalty by the selection committee. ADR’s action is confidential according to the mandate of Section 11
Benefits
ADR is a globally accepted process, less expensive, less time demand, low pressure and eventually beneficial. It is headed by a fair, voluntary, secret and neutral mediator or mediator.
The ADR also helps reduce the back of the court cases. Unfortunately, not all litigation are familiar with the benefits of ADR. It is the government’s responsibility to raise public awareness about the benefits and benefits of ADR through seminars and publications in print, electronic and social media.
The author is a Peshawar -based lawyer of the Supreme Court of Pakistan. They can be arrived at Ziaurrahmantajik123@gmail.com.
