Research Article | | Peer-Reviewed

Addressing Cases Backlog Through ADR by Mitigating Challenges and Steering Disputes Toward Alternate Resolution in Pakistan

Received: 23 June 2025     Accepted: 14 July 2025     Published: 30 August 2025
Views:       Downloads:
Abstract

As the formal conventional system of adjudication has failed due to the continuous growth of complexity, Backlog, and high volume of cases have made traditional adjudication slow and less effective. This research aims to highlight the failure of formal court processes. It explores how Alternative Dispute Resolution (ADR) can help meet the needs of today’s legal challenges, like any organic entity to meet the litigation challenges of the modern era. The study uses the official judicial statistics of Pakistan. It compares Pakistan’s situation with other countries that face similar problems. It includes an in-depth review of expert opinion regarding Alternative Forums for conflict resolution. Over and above that to investigate the existing legislation, Act, Ordinance, Protocol, Statute, By-law, and precedent in Pakistan to provide a solid ground for the implementation of the Alternative Dispute Resolution (ADR). The findings show that, currently, Pakistan has many laws about ADR. But its use is still limited. The biggest issue is the enforcement of ADR outcomes, especially arbitration awards. In conclusion will suggest that Pakistan must take clear steps to explore potential avenues for improvement by identifying “What” specific steps can be taken to enhance its implementation along with efficiency, potential, and predictability. These changes can reduce the burden on courts and make justice faster and more reliable.

Published in Control Science and Engineering (Volume 9, Issue 2)
DOI 10.11648/j.cse.20250902.11
Page(s) 19-30
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2025. Published by Science Publishing Group

Keywords

Alternative Dispute Resolution (ADR), Case Backlog, Islamic Law and ADR, Islamic Principles in ADR, Challenges to ADR, Law About ADR in Pakistan, Solution for Pendency of Cases in Pakistan

References
[1] M. o. Law, "Bi-Annual Report," Law and Justice Commission of Pakistan, Islamabad, 2023.
[2] "Backlog Crisis Deepens in the Criminal Courts," New Law Journal, no. 8029, 21 March 2025.
[3] Alwi Abdul Wahab, "‘Court-Annexed and Judge-Led Mediation in Civil Cases: The Malaysian Experience’ (PhD thesis, College of Law and Justice, Victoria University of Melbourne).," VUIR, Melbourne, Australia, 2013.
[4] R. Caller, "ADR and Commercial Disputes," in Sweet & Maxwell, London, 2002.
[5] F. S. B. (ed), "The Global Clinical Movement: Educating Lawyers for Social Justice," in Oxford University Press, New York, US, 2011.
[6] H. Woolf, "Access to Justice: Final Report to the Lord Chancellor on the Civil Justice System in England and Wales," HMSO, London, 1996.
[7] S. Menon, "Speech at the Opening of the Legal Year 2013," Supreme Court, Singapore, Jan. 2013.
[8] T. S. D. C. Abraham, 3 Verulam Buildings., Online, Malaysia, 1970.
[9] "Conference on Trade and Development," in UNCTAD, Geneva, New York, 2021.
[10] G. Born, International Commercial Arbitration, Netherlands: Kluwer Law International, 2020.
[11] S. Nisar, "‘Remarks on ADR at the Pakistan Judicial Conference’," in Pakistan Judicial Conference, Islamabad, 2018.
[12] S. Strong, "International Arbitration and Mediation, A Practical Guide," in Cambridge University Press, Online, 2016.
[13] L. K. a. B. Wolfson of Tredegar, "The Rt Hon Robert KC," Ministry of Justice, United Kingdom, 3 August 2021,.
[14] "Report about case statistics," Department of Justice, US, 24 July 2020.
[15] Indian Law Institute. Paper 917. Available from:
[16] Imam Bukhari, "Sahih al-Bukhari," Volume 3, Book 43, Number 645.
[17] Alim orginazation Abu Dharr al-Ghifari, History of Prophet Companions. Available from:
[18] Ibn Hisham, The Life of Muhammad: A Translation of Ibn Ishaq’s Sirat Rasul Allah, trans. Alfred Guillaume (Oxford: Oxford University Press, 1955), 550–52.
Cite This Article
  • APA Style

    Khan, S. (2025). Addressing Cases Backlog Through ADR by Mitigating Challenges and Steering Disputes Toward Alternate Resolution in Pakistan. Control Science and Engineering, 9(2), 19-30. https://doi.org/10.11648/j.cse.20250902.11

    Copy | Download

    ACS Style

    Khan, S. Addressing Cases Backlog Through ADR by Mitigating Challenges and Steering Disputes Toward Alternate Resolution in Pakistan. Control Sci. Eng. 2025, 9(2), 19-30. doi: 10.11648/j.cse.20250902.11

    Copy | Download

    AMA Style

    Khan S. Addressing Cases Backlog Through ADR by Mitigating Challenges and Steering Disputes Toward Alternate Resolution in Pakistan. Control Sci Eng. 2025;9(2):19-30. doi: 10.11648/j.cse.20250902.11

    Copy | Download

  • @article{10.11648/j.cse.20250902.11,
      author = {Shahsawar Khan},
      title = {Addressing Cases Backlog Through ADR by Mitigating Challenges and Steering Disputes Toward Alternate Resolution in Pakistan
    },
      journal = {Control Science and Engineering},
      volume = {9},
      number = {2},
      pages = {19-30},
      doi = {10.11648/j.cse.20250902.11},
      url = {https://doi.org/10.11648/j.cse.20250902.11},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.cse.20250902.11},
      abstract = {As the formal conventional system of adjudication has failed due to the continuous growth of complexity, Backlog, and high volume of cases have made traditional adjudication slow and less effective. This research aims to highlight the failure of formal court processes. It explores how Alternative Dispute Resolution (ADR) can help meet the needs of today’s legal challenges, like any organic entity to meet the litigation challenges of the modern era. The study uses the official judicial statistics of Pakistan. It compares Pakistan’s situation with other countries that face similar problems. It includes an in-depth review of expert opinion regarding Alternative Forums for conflict resolution. Over and above that to investigate the existing legislation, Act, Ordinance, Protocol, Statute, By-law, and precedent in Pakistan to provide a solid ground for the implementation of the Alternative Dispute Resolution (ADR). The findings show that, currently, Pakistan has many laws about ADR. But its use is still limited. The biggest issue is the enforcement of ADR outcomes, especially arbitration awards. In conclusion will suggest that Pakistan must take clear steps to explore potential avenues for improvement by identifying “What” specific steps can be taken to enhance its implementation along with efficiency, potential, and predictability. These changes can reduce the burden on courts and make justice faster and more reliable.
    },
     year = {2025}
    }
    

    Copy | Download

  • TY  - JOUR
    T1  - Addressing Cases Backlog Through ADR by Mitigating Challenges and Steering Disputes Toward Alternate Resolution in Pakistan
    
    AU  - Shahsawar Khan
    Y1  - 2025/08/30
    PY  - 2025
    N1  - https://doi.org/10.11648/j.cse.20250902.11
    DO  - 10.11648/j.cse.20250902.11
    T2  - Control Science and Engineering
    JF  - Control Science and Engineering
    JO  - Control Science and Engineering
    SP  - 19
    EP  - 30
    PB  - Science Publishing Group
    SN  - 2994-7421
    UR  - https://doi.org/10.11648/j.cse.20250902.11
    AB  - As the formal conventional system of adjudication has failed due to the continuous growth of complexity, Backlog, and high volume of cases have made traditional adjudication slow and less effective. This research aims to highlight the failure of formal court processes. It explores how Alternative Dispute Resolution (ADR) can help meet the needs of today’s legal challenges, like any organic entity to meet the litigation challenges of the modern era. The study uses the official judicial statistics of Pakistan. It compares Pakistan’s situation with other countries that face similar problems. It includes an in-depth review of expert opinion regarding Alternative Forums for conflict resolution. Over and above that to investigate the existing legislation, Act, Ordinance, Protocol, Statute, By-law, and precedent in Pakistan to provide a solid ground for the implementation of the Alternative Dispute Resolution (ADR). The findings show that, currently, Pakistan has many laws about ADR. But its use is still limited. The biggest issue is the enforcement of ADR outcomes, especially arbitration awards. In conclusion will suggest that Pakistan must take clear steps to explore potential avenues for improvement by identifying “What” specific steps can be taken to enhance its implementation along with efficiency, potential, and predictability. These changes can reduce the burden on courts and make justice faster and more reliable.
    
    VL  - 9
    IS  - 2
    ER  - 

    Copy | Download

Author Information
  • Sections