Alternative dispute resolution (ADR) settles disputes without a full court trial, through negotiation, mediation or arbitration. In Islamabad, the Alternative Dispute Resolution Act, 2017 allows courts to refer cases to mediation, and agreements with an arbitration clause are governed by the Arbitration Act, 1940. ADR is usually faster, cheaper and private.
Who this is for
- Business partners and companies in commercial disputes
- Families dividing property or settling disputes privately
- Parties to contracts that contain an arbitration clause
- Litigants whose case the court has referred to mediation
How the alternative dispute resolution (adr) process works
- 1
Assess suitability
We advise whether negotiation, mediation or arbitration suits your dispute.
- 2
Prepare your position
We set out your case, the evidence and a realistic settlement range.
- 3
Negotiate or mediate
We represent you in negotiation or mediation sessions.
- 4
Arbitration
Where there is an arbitration agreement, we conduct the arbitration.
- 5
Make it binding
We record the settlement or award so it can be enforced by the court.
Documents you need
- ◆The contract, including any arbitration clause
- ◆Correspondence about the dispute
- ◆Documents supporting your claim or defence
- ◆Any court orders referring the matter to ADR
Timeline and fees
| Timeline | Negotiation and mediation can resolve disputes in weeks. Arbitration usually takes a few months, still often faster than a trial. |
|---|---|
| Fees | Quoted in writing after we review your documents. Court matters are quoted stage by stage (filing, evidence, arguments) so you know the cost of each step before it starts. |
| Governing law | Alternative Dispute Resolution Act, 2017 · Arbitration Act, 1940 · Code of Civil Procedure, 1908: section 89-A |
Why choose ADR
- Faster than a full trial
- Private and confidential
- Lower cost
- Preserves business and family relationships
Disputes suited to ADR
Partnership and shareholder disputes, construction and supply contracts, property division between relatives, and many family matters can be settled through ADR with the right preparation.
Frequently asked questions
Is a mediated settlement binding?
Once the parties sign the settlement and it is recorded or made a decree by the court, it is binding and enforceable.
Can I still go to court if mediation fails?
Yes. Mediation is without prejudice; if it fails, the case continues in court.
What is an arbitration award?
The decision of the arbitrator. It is filed in court and, once made a rule of the court, is enforced like a decree.
