ALTERNATIVE DISPUTE RESOLUTION: A CATALYST FOR RULE OF LAW, DEMOCRACY, AND SOCIO-ECONOMIC DEVELOPMENT IN DEVELOPING COUNTRIES - A CASE STUDY OF PAKISTAN

Abstract

This research focuses on evaluating how prominent alternative dispute resolution (ADR) methods are, in Pakistan. ADR, which includes mediation and arbitration, provides an alternative to court litigation for resolving conflicts. The study takes an approach combining interviews with key stakeholders and quantitative surveys of individuals involved in ADR processes. The findings reveal that parties using ADR are highly satisfied with its ability to effectively resolve disputes. ADR proves to be a litigant friendly option compared to formal court proceedings thereby improving access to justice. Additionally, the study highlights that ADR promotes fairness, transparency and accountability contributing to the rule of law and democratic governance. Moreover ADR expedites the resolution of disputes fostering a business environment that assists in socio economic development. Despite these outcomes the research identifies challenges such as lack of awareness, insufficient institutional support and resistance from legal professionals. It is crucial to address these challenges through awareness campaigns, capacity building initiatives and collaboration among stakeholders in order to maximize the benefits of ADR in Pakistan. In conclusion this research underscores the importance of considering ADR as an approach for resolving disputes with reaching implications for access, to justice enhancement, democratic values promotion and socio economic development facilitation.