ADR Process

Step 1: Case filed in Court

A civil suit or a criminal case is filed in Court. ADR may be used in a  pending case at any stage before the pronouncement of the judgment, and  with the consent of the parties in an appeal or revision.

Step 2: Referral to ADR

In civil cases, the Court shall refer a case listed in Schedule I within fifteen  days of the defendant’s written statement, and may refer a case listed in  Schedule II at any stage with the consent of the partie. In criminal  cases, the Court shall or may refer a case falling under section 345 of the  Code of Criminal Procedure, 1898, within the time and conditions set out in  section 18 of the Ordinance.

Step 3: Selection of ADR service provider or center

The parties may, with their mutual consent, select an accredited ADR service provider or ADR center from the list provided by the Court. If they disagree, the Court selects one from the list provided by the Authority. ADR may also be undertaken by the parties directly, their counsels or a mediator judge nominated by the Lahore High Court. Where a party is female, ADR may preferably be undertaken by a female ADR service provider.

Step 4: ADR proceedings

The Court fixes a time of up to thirty days for ADR, which may be extended on the parties’ mutual application up to a total of sixty days. The trial is postponed while ADR is under way. The parties may attend in person, through authorized agents or attorneys, or by video link. The proceedings are confidential and privileged. The costs and fee are borne by the parties as they agree.

Step 5: Return to Court

The case is returned to the Court on the completion of ADR or on the expiry of the time allowed, whichever is earlier. If the matter is resolved wholly or partly, the Court pronounces judgment and, in a civil dispute, passes a decree in terms of the settlement. If it is not resolved, the Court decides the dispute in accordance with applicable law.