ACCESS TO JUSTICE IN PAKISTAN JUDICIAL DELAYS, ALTERNATIVE DISPUTE RESOLUTION, AND THE EFFECTIVENESS OF CIVIL JUSTICE

Abstract

Pakistan’s civil justice system continues to carry a substantial backlog despite high levels of case disposal. According to the Law and Justice Commission of Pakistan’s Judicial Statistics 2024, the district judiciary began the year with 1,863,028 pending cases and disposed of 5,452,308 cases during 2024, yet ended the year with 1,965,172 pending cases—an increase of 102,144 cases, or about 5.5%. The superior courts also had 406,217 cases pending at the end of the year. These figures indicate that disposal volume alone has not been sufficient to eliminate accumulated delays. Against this background, this study investigates whether Alternative Dispute Resolution (ADR) can improve the timeliness and effectiveness of civil justice in Pakistan. It examines the relationship between case duration, procedural delay, disposal outcomes, litigation costs, and the use of ADR, with particular attention to whether disputes resolved through mediation, arbitration, conciliation, or other ADR mechanisms reach settlement more quickly and at lower cost than comparable disputes handled through formal adjudication. The study draws on official judicial statistics and, where accessible, case-level and primary evidence from litigants and legal practitioners to identify the procedural and institutional factors associated with delay and ADR outcomes. Pakistan’s Alternative Dispute Resolution Act, 2017 provides the statutory basis for several ADR mechanisms and seeks to facilitate the expeditious settlement of disputes. The research therefore evaluates ADR as an empirical question rather than assuming that it is inherently more effective than litigation. By linking judicial backlog with measurable differences in resolution time, costs, settlement, and enforcement, the study assesses the extent to which ADR can function as a practical complement to Pakistan’s formal civil justice system and identifies reforms most likely to improve access to timely remedies.