Loading...
+92 346 918 3118
Mon - Sat : 09.00 AM - 06.00 PM

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) or external dispute resolution (EDR) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, arbitration, mediation and conciliation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them.
It's crucial to understand the difference between binding and non-binding ADR. Negotiation, mediation, and conciliation are non-binding and rely on the parties' willingness to achieve an agreement on their own. Arbitration might be either legally binding or not. Binding arbitration results in a third-party ruling that the parties must abide by, even if they disagree with the outcome, similar to a judicial decision. Arbitration is a non-binding process that results in a third-party decision that the parties can accept or reject.
It's also crucial to understand the difference between mandatory and voluntary processes. Prior to going to court, several judicial systems require litigants to negotiate, conciliate, mediate, or arbitrate. Parties may also be required to use ADR as part of a prior contractual arrangement. Submission of a dispute to an ADR process is totally dependent on the parties' will in voluntary processes. Alternative Dispute Resolution (ADR) encompasses various processes that help parties resolve disputes without resorting to traditional litigation. The key advantages of ADR include reduced costs, confidentiality, faster resolution times, and the preservation of relationships between parties. At Barrister Hasnain Khan Law Chamber, we specialize in various ADR methods to facilitate effective and amicable dispute resolution.

Relevant Laws

Here is a list of the key federal and provincial laws related to Construction Law, Arbitration, and Contracts in Pakistan:

  • The Arbitration Act, 1940
  • The Code of Civil Procedure, 1908
  • The Companies Act, 2017
  • The Specific Relief Act, 187
  • Alternative Dispute Resolution Act of 2017
  • The Punjab Alternate Dispute Resolution Act 2019
  • Sindh Act No. IV 2019
  • Pakhtunkhwa Alternate Dispute Resolution Act, 2020
  • Balochistan Alternative Dispute Resolution Bill, 2022
  • Recognition & Enforcement (Arbitration Agreements & Foreign Arbitral Awards) Act 2011
  • International Arbitration Act, 2017
  • The Contracts Act, 1872
  • The Specific Relief Act, 1877
  • Pakistan Engineering Council (PEC) Construction and Consulting Rules, 2009
  • PEC Bidding Documents
  • KP Public Procurement Regulatory Authority Rules, 2014
  • The Arbitration (International Investment Disputes) Act, 2011
  • New York Convention
  • The Arbitration and Conciliation Ordinance, 1966
adr Negotiation
Negotiation

Negotiation is a voluntary and informal process where disputing parties come together to discuss and resolve their differences without the intervention...

Read More
adr Mediation
Mediation

Mediation is a structured but informal process where a neutral third party, known as the mediator, helps disputing parties to find a mutually acceptable resolution.

Read More
adr Conciliation
Conciliation

Conciliation is a voluntary process where an impartial third party, known as a conciliator, helps disputing parties resolve their differences.

Read More
adr Expert Evaluation
Expert Evaluation

Expert Evaluation involves a neutral expert who assesses the facts of the dispute and provides an informed opinion, typically on technical or highly specialized matters...

Read More
adr Neutral Evaluation
Neutral Evaluation

Neutral evaluation is a form of ADR where an independent third-party evaluator, who is typically a legal or subject matter expert, assesses the dispute and gives...

Read More
adr Arbitration
Arbitration

Arbitration is a key form of Alternative Dispute Resolution (ADR) in Pakistan, offering an efficient and flexible method for resolving disputes without...

Read More

Concerned about your issue?

Don’t worry, we’re here to provide you with legal assistance.

Book a Free Consultation
barriser khan law firm logo