Frequently Asked Questions
Answers to the questions we are asked most often about ADR in Punjab.
Alternative Dispute Resolution (ADR) comprises processes for resolving disputes fairly, efficiently, and consensually, outside or alongside formal court proceedings, including mediation, conciliation, negotiation and other appropriate dispute resolution mechanisms.
ADR is not confined to a single method. ADR includes negotiation, mediation, conciliation, neutral evaluation and arbitration.
Civil and Criminal disputes may be resolved through ADR mechanisms. Under the Civil law's, purview, Schedule I and Schedule II of the PADRA Ordinance comprises disputes which the Civil Court is required to refer to ADR, including but not limited to landlord - tenant disputes, disputes involving pre - emption, disputes relating to ownership and possession of immovable property, family disputes etc.
Under the Criminal law's purview, cases involving offences compoundable under section 345 of the Code of Criminal Procedure 1898 may also be referred to ADR
A case may be referred to ADR in a number of ways. In Civil disputes, the Court is required to refer a case falling within Schedule I of the Act to Ordinance within fifteen days of the filing of the written statement by the defendant, and may, in its discretion, refer a case falling within Schedule II to ADR at any stage where it considers the case likely to be resolved.
In Criminal Disputes, the Court refers cases involving offences compoundable under Section 345 of the Code of Criminal Procedure 1898.
The costs and fees of the ADR proceeding, if required, shall be borne by the parties in such proportion as may be mutually agreed, however, if that fails, the Court may determine
The parties may proceed their case to traditional litigation.