GROUP MEMBERS
• Rafe Adnan B-20663
• Sumera Zahoor B-20911
• Ayesha Javed B-20902
ALTERNATE DISPUTE RESOLUTION
• History
• Introduction
• Types
• Adjudicative ADR
• Non-adjudicative ADR
ALTERNATE DISPUTE
RESOLUTION.
HISTORY.
WHAT IS ALTERNATIVE
DISPUTE RESOLUTION?
THE CONCEPT OF ALTERNATIVE DISPUTE RESOLUTION (ADR) DENOTES THE PROCESS IN
WHICH DISPUTES ARE ADDRESSED AND SETTLED OUTSIDE OF THE COURTROOM. IN A
MORE DETAILED LANGUAGE, ADR REFERS TO THE WAYS IN WHICH DISPUTES ARE
RESOLVED WITHOUT LITIGATION. THESE WAYS MAY INVOLVE NEGOTIATION,
ARBITRATION, OR MEDIATION. THE PROCESSES OF ADR ARE GENERALLY MORE
EXPEDITIOUS AND LESS PRICEY. AS A MATTER OF FACT, ADR IS USED IN DISPUTES, WHICH
HAVE THE POTENTIAL OF LEADING TO LITIGATION.
WHICH DISPUTES CAN BE RESOLVED WITH
ADR?
ADR processes can possibly be implemented for resolving disputes including:
•Family Disputes: includes divorce actions, child custody, etc.
•Workplace Disputes: includes workplace issues like workplace harassment, employee
disputes, and hour and wage disputes.
•Personal Injury: includes road accident cases and medical malpractice claims.
•Business Disputes: includes business debt and contract disputes.
•Environmental Disputes: includes air pollution and hazardous waste dumping.
TYPES OF ADR.
• There are two main types of ADR they are as following:
• Adjudicative.
• Non-Adjudicative.
• In adjudicative type the decisions are made by the adjudicators(the person who is
authorized by the consent of both of the parties) it has a semi-formal and informal
process.
• In non-adjudicative type the decision totally depends on the parties.
THE PROCESS OF ADJUDICATIVE.
• The process of adjudicative category of ADR includes the following methods.
1. Arbitration.
2. Neutral fact finder.
3. Ombudsman.
4. Summary jury trial.
ARBITRATION.
• Arbitration is a mode of ADR wherein the dispute between the parties goes through a process to achieve an amicable
resolution by an impartial third party known as an 'arbitrator,
• It can be inside or outside of the court. It can be with or without the involvement of the court. In involvement of court, the
court is giving the parties the option for ADR and if the parties appoints the arbitrator by themselves this is without the
involvement of court.
• In arbitration, a neutral person called an "arbitrator" hears arguments and evidence from each side and then decides the
outcome of the dispute. Arbitration is less formal than a trial, and the rules of evidence are often relaxed.
• Arbitration may be either "binding" or "nonbinding." Binding arbitration means that the parties waive their right to a trial
and agree to accept the arbitrator's decision as final. Generally, there is no right to appeal an arbitrator's
decision. Nonbinding arbitration means that the parties are free to request a trial if they do not accept the arbitrator's
decision
NEUTRAL FACT FINDER (EVALUATOR).
• Neutral fact-finding is a process where a neutral third party, selected either by the disputing parties or by the
court, investigates an issue and reports or testifies in court. The neutral fact-finding process is particularly
useful for resolving complex scientific and factual disputes.
• In neutral evaluation, each party gets a chance to present the case to a neutral person called an "evaluator." The
evaluator then gives an opinion on the strengths and weaknesses of each party's evidence and arguments and
about how the dispute could be resolved. The evaluator is often an expert in the subject matter of the dispute.
Although the evaluator's opinion is not binding, the parties typically use it as a basis for trying to negotiate a
resolution of the dispute.
• In trial courts, to probe into the facts of the case the neutral fact finder will tell the parties after viewing the
supporting documents of case about the winning ratio. If the case is refer by the court then the winning ratio
shall be given to the court. Only those matter will be taken into consideration which don’t have any technical
issue. If it is based on anything technical then the person will be called who has its expertise on the disputed
facts.
OMBUDSMAN.
• An ombudsman is an official who is charged with representing the interests of the public
by investigating and addressing complaints of maladministration or a violation of rights.
The ombudsman is usually appointed by the government or by parliament but with a
significant degree of independence. In some countries, an inspector general, citizen
advocate or other official may have duties similar to those of a national ombudsman and
may also be appointed by a legislature.
• Provincial and federal ombudsman deals with all administrative and government cases.
OMBUDSMAN IN PAKISTAN.
• In Pakistan, the establishment of an ombudsman institution had been advocated for some time before Article 276 of the
Interim Constitution of 1972 provided for the appointment of a Federal Ombudsman (Wafaqi Mohtasib) and Provincial
Ombudsmen. The Constitution of 1973 also provided for a Federal Ombudsman, and the institution was eventually
created through the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) which is now a part of the
Constitution of Pakistan by virtue of Article 270-A. It started functioning on 8 August 1983. The office of Ombudsman
is currently held by Salman Farooqi. The Ombudsman has headquarters in Islamabad and Regional Offices in Lahore,
Sukkur, Quetta, Faisalabad, Multan, Dera Ismail Khan, Peshawar and Karachi.
• Other ombudsman agencies in Pakistan include Provincial Ombudsman (Mohtasib-e-Aala) offices in Punjab,
Balochistan and Sindh, a banking ombudsman, the Banking Mohtasib Pakistan, a Federal Insurance Ombudsman and
a Federal Tax Ombudsman. The disputed region of Azad Jammu and Kashmir also has an Ombudsman office. Under
the Protection of Women against Harassment at Workplace Act 2010, Musarrat Hilali was appointed in the same year to
be the first Federal Ombudsperson for Protection of Women against Harassment at Workplace.
SUMMARY JURY TRIAL.
• It is a type of trial in which after filling of the suit summons will be given to the parties
after hearing neutral fact finder and the jury, if it doesn’t have any technical issue and if it
is based on question of fact then the neutral fact finder will ask from the parties whether
to refer the case to the court. Only in summary jury trial the legal representatives has the
authority to ask from the juror about what recommendations he has given and on what
grounds.
NON-ADJUDICATIVE.
• The process of non-adjudicative is total informal. It totally depends on the consent and
mutual understanding of parties. It has no language barrier. It is further divided into two
types:
1. Evaluative.
2. Facilitative.
• The evaluative type is further divided into 3 types:
1. Early neutral evaluation.
2. Mini trials.
3. Expert evaluation.
EARLY NEUTRAL EVALUATION.
• Early neutral evaluation is a process that may take place soon after a case has been filed
in court. The expert identifies each side's strengths and weaknesses and provides
an evaluation of the likely outcome of a trial. Early Neutral Evaluation (ENE) is when
disputing parties submit their case to a neutral evaluator through a confidential
"evaluation session." The neutral evaluator considers each side's position and renders an
evaluation of the case.
MINI TRIALS.
• A mini-trial is a private, consensual process where the attorneys for each party make a
brief presentation of the case as if at a trial. The presentations are observed by a neutral
advisor and by representatives (usually high-level business executives) from each side
who have authority to settle the dispute.
• Mini trials are mostly used when there’s a dispute of copyrights, using trademarks and
patents the matters are decided within days and damages are given to the injured parties.
EXPERT EVALUATION.
• Non-Binding Expert Evaluation is an 'advisory' ADR process in which
an ADR practitioner with expertise in the subject matter disputed considers and appraises
the dispute and provides advice as to the facts of the dispute.
• The expert will give its opinion on the technical issue on which he has command this is
an expensive procedure. Expert evaluation is thoroughly adopt in foreign countries and
the expense is paid by both of the parties. In Pakistan only the plaintiff pays the price of
the expert.
FACILITATIVE.
• Facilitative ADR describes procedures such as mediation, conciliation, facilitation or
facilitated negotiation. These are processes in which an independent third person with
experience in dispute resolution helps parties to identify issues in dispute, develop options
to overcome them, evaluate the alternatives and hopefully reach a mutually acceptable
agreement.
• Typically, parties can undertake these processes voluntarily, and the third party cannot
impose a resolution on the parties. Their role is strictly to assist and guide the parties to
reach an agreement themselves. Importantly, a mediator will not advise the parties on the
law applicable to their issue or the likelihood of success in the court system.
CONCLUSION.
ANY QUESTIONS?
