Alternative dispute resolution in Sindh : a quantitative evaluation of case diversion potential & community demand

“This comprehensive report examines the potential of Alternative Dispute Resolution (ADR) mechanisms in Sindh, Pakistan, as an alternative to traditional court-based adjudication. By examining historical court data from 2018 to 2022, supplemented with a primary quantitative Legal Needs Assessment (LNA) survey conducted across eight regions of Sindh, this report projects how the pressing issue of mounting court case pendency will likely increase by 2030. It presents a series of strategic recommendations aimed at bolstering the efficiency and accessibility of the justice system by harnessing the potential of ADR.”

“The report proposes a cohesive set of four strategic recommendations in light of these findings. Firstly, by mandating mediation through the amendment of provincial ADR laws, a significant proportion of civil, commercial, and family cases can be redirected away from the formal justice system. It entails the establishment of court-annexed mediation centers supported by a comprehensive monitoring and quality assurance framework. Secondly, the report suggests identifying and training community mediators and Saliseen members to capitalize on the preference for community-based dispute resolution. These state-recognized mediators can facilitate dispute resolution within communities while ensuring adherence to legal guidelines. Thirdly, this study suggests reducing financial barriers to mediation by introducing an “Easy Opt-Out Model” that incentivizes mediation by covering the cost of the first three hours. This model also emphasizes maintaining a list of pro bono mediators and private ADR centers providing services for judges’ referrals for economically disadvantaged parties. Lastly, addressing the lack of awareness amongst the public on ADR, this report advocates for targeted awareness campaigns at national and provincial levels whereby collaborative efforts across media platforms, government bodies, NGOs, and religious scholars can help enhance public understanding of, and engagement with, ADR mechanisms.”