Resolution of Disputes

Step 1: Selection of ADR service provider or center

The parties may, with their mutual consent, select an ADR service provider or ADR center from the list provided to them by the Court. If they disagree, the Court selects one from the list provided to it by the Authority.

Step 2: Costs and fee

The costs and fee of the ADR proceedings are borne by the parties in the proportion they mutually agree. If they disagree, they are borne in the manner prescribed by the rules.

Step 3: ADR proceedings

The parties may take part in the ADR proceedings in person, or through authorized agents or attorneys. An attorney who has acted for a party in the ADR proceedings shall not represent the other party in the case with regard to the same matter. The parties, including Overseas Pakistanis, may take part by using modern devices and techniques such as video link, if the circumstances so warrant.

Step 4: Confidentiality and privilege

The person performing ADR and the parties taking part in the proceedings keep all matters relating to the proceedings confidential. The ADR proceedings are privileged and are not admissible in evidence before any Court without the consent of the parties. The person undertaking the ADR is not required to appear as a witness in any arbitral or judicial proceedings with respect to the dispute. Only the final settlement, wholly or partly, between the parties is admissible in evidence in any later proceedings between them on the same subject matter. The ADR service provider or ADR center shall not act as an agent or attorney of any party in any later proceedings on the same dispute.

Step 5: Return to Court

The case is returned to the Court on the completion of the ADR proceedings or on the expiry of the time allowed, whichever is earlier. The ADR service provider or ADR center keeps a copy of the settlement agreement, notices and any other document or correspondence made in writing during the proceedings.

Step 6: Judgment and decree

Where the Court finds that the matter has been completely or partially resolved in accordance with applicable law, it pronounces judgment and, in a civil dispute, passes a judgment and decree in terms of the agreed settlement. If the outcome of ADR is not clear, the Court may ask the ADR service provider or ADR center for the necessary clarification. After the judgment and decree, the suit automatically stands converted into execution proceedings, if it is executable, without a separate application and without fresh notice to the parties. No appeal or revision lies from the judgment and decree or order of the Court passed in consequence of the ADR.

Step 7: Where ADR does not succeed

Where the dispute has not been resolved or cannot be resolved through ADR, the Court proceeds to decide the dispute, or the remaining dispute, in accordance with applicable law. In a civil dispute, a party that rejects a meaningful offer made by the other party is not entitled to the costs of the suit, and the other party is entitled to costs. A meaningful offer is an offer which is substantially the same as the decree or order of the Court.