Comparative Analysis of ADR Systems in India and Pakistan: Legal Frameworks, Institutional Capacity, and Sociocultural Influences

Abstract

This paper makes a comparison of the ADR systems between India and Pakistan with their emphasis on the legal system, the level of institutions, the judiciary, and the sociocultural context. The two nations have been influenced by a colonial legal system but follow different paths in the development and the acceptance of the alternative dispute resolution mechanisms. With her comprehensive legislative reforms backed by the judiciary and adequate institutional structures especially under the “Arbitration and Conciliation Act of 1996”, India has been able to emerge as a dominant force in ADR. However, Pakistan on the other hand, has made some progress with the ADR Act 2017, but faces difficult barriers to implementation, use of both customary political institutions such as Jirgas and a poor level of public information. The paper highlights the role of ADR in decreasing the volume of cases pending in courts, cost-effective methods of dispute settlements, and the administration of justice. With regard to differences and similarities the paper cites measures for both countries to increase the level of implementation of ADR, which ultimately means more efficient legal systems and peace in the society.