DEFINE THE TERM ADR ALSO DEFINES ADR VS LITIGATION OR ADR VS

JIRGA SYSTEM?

1. PREFACE:
To make possible easy and inexpensive access to justice in disputes is an important
challenge to the legal system in developing countries. Alternative Dispute Resolution
(ADR) is one of the methods used in this connection to resolve disputes in expeditious
and inexpensive manners. It is a cheap, easy, and speedy way to get justice as
compared to the legislation.

2. RELEVANT PROVISION OF LAW:

Arbitration Act 1940.
Articles 153-154, 156, 184, 160 of the Constitution of Pakistan.

3. INTERPRETATION OF THE TERM ADR:

4. DEFINITION OF TERM ADR:

A type of dispute resolution that seeks to limit the costs of litigation by using the
alternative, often out-of-court means, such as arbitration, conciliation, and summary
possession proceeding ADR.

5. SYSTEM OF ADR:

6. ADR VS JIRGA SYSTEM:

I. Meaning of the Jirga system:

II. Judicial system of Pakistan:
Article 175 of the constitution of the Islamic Republic Of Pakistan, 1973
builds the foundation of our judicial system and provides that no other
institution unless established by the law, shall exercise the adjudicatory
powers of the courts of law.
III. Jirga system in the light of Superior Court:

This means the Jirga system except those functioning in FATA and PATA,
isis manifestly unlawful anoperatestes outside the judicial ambit as envisaged
by the constitution. This provision has been consistently interpreted by the
superior courts of Pakistan exactly in line with the intention of the legislature
and its best construal as produced by the Supreme Court in a case
IV. Landmark case:
SBLR 2004 Sindh 918
In this landmark case, the Supreme Court declared the Jirga systems unlawful,
unconstitutional, and in violation of fundamental rights.

V. Opponents the of Jirga system:

 Opponents the of Jirga system assert that this parallel system of justice is
ruthless, immoral, ille, gal, and unconstitutional demands and its complete
abolition.
VI. Views of judges of the Supreme Court.
Mr. Justice (RTD) Tariq Parvez, Judge Supreme Court of Pakistan expressed
his views on the herding Jirga system in Pakistan and suggested the
improvement subject to the condition that "it must be reformed in consonance
with a system of Alternate Dispute Resolution (ADR).
VII. Reasons for not the banning the Jirga System:
The idea of completing the anning Jirga system, both in theory and practice is
not viable completeinappropriateopriate for two reasons.
VIII. An old tradition:
It must be remembered that the Jirga centuries-centuries old traditions n
deeply embedded in our socio-cultural environment and cannot be eliminated
instantly.
IX. Burdened Judicial System:
Our failing and burdened judicial system already struggling to prove its
relevance will collapse as proscribing Jirgas will open a flood gate of frivolous
and unnecessary litigation. It needs to be understood that our judicial system
has failed to deliver; this is one of the major reasons behind the consistent
relevance of Jirgas in our society. The inaccessibility and delays in the
dispensation of justice by the formal legal system compel individuals to seek
recourse through a quicker and less complex mode of dispute settlement huge
backlog of pending cases in courts, scarcity of judges, rising expenses
litigation, inordinate delays, corruption, on and inefficiency are major factors
responsible for failure of our judicial system.
X. Reformed And Officially Regulated edition in Jirga System:
The current form othe f Jirga system is a ruthless malaise whereby justice is
dispensed under the shadows of guns and threats, it deserves to be outlawed
and wiped out, however, it needs to be substituted with a reformed version
wherein the proceedings shall be governed by uniform and clearly defined
adjudicatory rules. This way not only the arbitrary edicts based on whims,
enmity, and caprice will disappear but never ever-increasing burthen den on
the shoulders of the formal judicial system will soothe down. Reformed and
officially regulated edition of Jirga system in form of arbitration, mediation
and reconciliation can do wonders, same way ADR has revolutionized and
supplemented the judicial system of World"
XI. Meditation Center:
In Pakistan, recently, The Lahore Chamber of Commerce & Industry (LCCI)
in collaboration n with the International Finance Corporation (IFC) has
established a center for business. dispute resolution through mediation namely
LCCI Mediation Center housed within LCCI Building.
XII. Object of Meditation center:
 The objective of this mediation center is to help local and foreign companies
to resolve their business/ commercial disputes out of court. In this way,
mediation can be the quickest and most effective mode of alternate dispute
resolution and at the Samuel helping lessen the burden on the Courts.

7. ADR VS LITIGATION:
ADR process is qualitatively distinct from the judicial or the judicial process is a set
in motion by the action of an aggrieved party. Each party's case is presented before
the court through advocates. The judges perceive the dispute te in the backdrop of
known legal concepts, shift evidence to arrive at the truth, and hear arguments judge
they pronounce their verdict after taking and hearing evidence into consideration and
pa, and parties are bound to admit the verdict. In ADR the dispute is settled with the
assistance of the natural thirdly-person of the parties' own choice, the proceedings are
informal. These proceduralral technicalities. The conflicted matter was settled
expeditiously.

 Meaning of Litigation:
According to Oxford Dictionary:
The process of making and defending a claim in court.

 The judicial system of Pakistan:

Article 175 of the constitution of the Islamic Republic Of Pakistan,
1973 builds the foundation of our judicial system and provides that no
other institution unless established by the law, shall exercise the
adjudicatory powers of the courts of law.
 Importance of ADR VS Litigation:
The existing judicial system is not able to cope with the ever-
increasing burden of civil litigating large number of people cannot
afford litigation in developing countries including Pakistan.
 Factors to choose ADR:
Which mechanism should be adopted to resolve the matter is based on
the various factors which are as follow:
I. Cost Factor:
The costs and expenses of arbitration are not as much as of
litigation.
II. Time Factor:
The arbitration process is fairly speedy. On the other hand, the
situation process is lengthy.
III. Privacy:
Arbitration is private and confidential. The proceedings are not
subject to the public record
IV. Appointment of arbitrator/ judges:
 The parties in the ADR process can decide jointly on the
arbitrator. In litigation, the judge is appointed and the parties
can not say no to the appointment.
V. Ease of use of appeal:
Arbitration is binding upon the parties. The parties commonly
have no appeal option. Litigation allows multiple appeals at
various levels.
VI. Less procedure:
In litigation the procedure laid down in the statute is followed.
In ADR there is no such procedure.

8. ADR A HISTORICAL SYNOPTIC VIEW/NATURE OF ADR:

Not a new institute ion- ADR system usually is a new phenomenon, it has been in
existence in the sub-continent since ancient times. The ancient system of dispute
resolution involved mediation, good use of offices,d arbitrations.

9. POPULARITY IN SEVERAL OTHER COUNTRIES:

Popularity in Several other Countries- "ADR system was also found in several
other countries the throughs forms and shapes were different. For example, inlining
the Philippines the leader of the local area used to resolve some issues which became
a source of conflicts. Likewise in Latin America, a government and ent functionary
could use informal procedures to mediate or conciliate disputes.

10. FINAL REMARKS:

Finally it is remarked that alternative dispute resolution is usually considered to be an
alternative to litigation. It also can be used as a colloquialism for allowing a dispute to
drop or as an alternative to violence. It can provide a better solution to disputes more
expeditiously and at less cost than litigation.