PAKISTAN’s judicial system is currently under a burden that has rarely been seen in national history. Thousands of cases are pending and hearings span years, even decades, tiring down the common man mentally, physically and financially.

In this lengthy struggle for justice, a person often loses even after winning. In such a situation, the proposed legal amendments regarding alternative dispute resolution (ADR) may not be just an administrative change, but a revolutionary turn in the outdated structure of justice delivery.

The impression has taken root among us that justice is only the name of the decision of the judge sitting in the court-room. Although in the developed world, the court is seen as the last resort. The ADR concept tells us that not every problem requires a legal battle. Many civil and commercial disputes remain in the courts for decades due to mere misunderstandings or ego walls. The legal umbrella provided to arbitration and mediation through these amendments is a major step towards making justice cheaper and faster.

The most important of all aspects of the proposed reforms is the pre-trial referral mechanism. This simply means that in certain types of cases, it is mandatory for the parties to sit before a neutral arbitrator before knocking on the door of the court. This is a filter that can reduce the judicial burden by 40-50 per cent. When the parties sit face-to-face in an informal and peaceful environment, the avenues for dialogue are opened. In this process, instead of winning or losing, a middle path is sought, which saves time and replaces hostilities with understanding.

To move away from colonial-era rules and into the modern era, it is essential that the selection and training of arbitrators are of global standards. The mention of a formal code of conduct and training for arbitrators in the proposed amendments is very welcome. Public trust will be restored only when they are confident that the person making the decision is not only impartial, but also skilled in this art.

The guarantee of confidentiality is the beauty of this system, which especially encourages commercial entities to resolve disputes while preserving their business secrets.

The question is often raised that what happens if one party goes back on his word after the mediation process? The greatest strength of these amendments is that agreements reached through ADR will be given legal protection. After the court’s ratification, the agreement will be en-forceable like a court order. This is a guarantee that will make it easier for investors and the business community to do business in Pakistan, as they will know that their disputes can be resolved in weeks rather than years.

In fact, ADR is not just a legal term but a modern, civilised and legal form of the ancient jirga or panchayat; a system in which the parties focus on resolving the issue instead of putting each other down. If we want quick justice, we need to adopt ADR as a culture. The government and the judiciary should not only pass these amendments, but also facilitate resources, infrastructure and public awareness campaigns inthe country. It is time for us to take justice from the judge’s gavel and bring it to the table of mutual dialogue.

Mehjabeen Khan Abbasi
Member, National Assembly
Islamabad

Published in Dawn, March 5th, 2026