Alternate Dispute Resolution

(ADR)

Alternate Dispute Resolution (ADR), although considered generally to be a new concept has its roots in old customs and practices. Even at present in many societies, in the absence of State Law customary enforced by council of elder govern aspects of individuals behavior and social interaction unwritten, it represents day to day practice of the people concerned and settlement of disputes by elders.

In the indo-Pak subcontinent, Alternative Dispute Resolution, is in fact centuries old and is known as the punchayiat or Jirga system in rural areas.

All disputes are brought before a committee of respectable and honourable elders, who whose decision is accepted by the parties and no party can usually afford to disagree with the decision because of social rejection by the society. Through this informal activity of justice, dispute resolution has been going on throughout Pakistan alongside the formal administration of justice through courts. Whenever an offence takes place or a dispute arises the local elders who command influence and credibility, gather and enter into intensive negotiations with the parties or amicable resolution of the conflicts. The focus is mostly on repairing the damage done and restoring relationships, personal and commercial, to their original state as far as possible.

They deal with a range of issues including conflicting claims to land and water, inheritance, alleged breaches of the honour code and intra-tribal or inter-tribal killings.

Alternate Dispute Resolution can be termed to be a rising trend of this century as it means finding domestically and internationally a quicker inexpensive and more effective system alternate to litigation which is time consuming and expensive ADR is generally classified into at least four subtypes: Negotiation, Mediation, Collaborative Law and Arbitration.

Mediation is one of the best alternates that has been in practice in the Islamic history and in Ismaili tradition for centuries. Mediation is in fact the most effective, low cost, efficient and dignified way of resolving disputes.

The mediation process is introduced by Aga Khan Development Network in 11 countries in the world and in the ismaili sect is practicing in the Northern Areas Pakistan also.