Referral of Disputes
Step 1: Who may undertake ADR
ADR may be undertaken by the parties directly, the counsels of the parties, mediator judges nominated by the Lahore High Court, an ADR service provider or an ADR center. Where one or both parties are female, ADR may preferably be undertaken by a female ADR service provider. The Court may, with the consent of the parties, refer a case to a mediator judge.
Step 2: Civil disputes
Schedule I: The Court shall refer a case listed in Schedule I to an ADR service provider or ADR center within fifteen days from the date the defendant files the written statement. Schedule I covers:
1. Dispute involving pre-emption under the Punjab Pre-Emption Act, 1991 (IX of 1991).
2. Dispute relating to ownership and possession of immovable property.
3. Family dispute including guardianship and custody of minor children, including the matters provided in Part I of the Schedule appended to the Family Courts Act, 1964 (XXXV of 1964).
4. Dispute arising out of enforcement of commercial contracts, except those that fall in Schedule II.
5. Suits for specific performance of contracts, except those that fall in Schedule II.
6. Suit arising out of Tort, except those that fall in Schedule II.
7. Dispute for recovery of movable property or value thereof.
8. Dispute for separate possession of joint immovable property through partition or otherwise, including claims for mesne profits.
9. Dispute for rendition of accounts of joint property.
10. Dispute to remove nuisance.
11. Dispute involving recovery of money.
12. Dispute relating to inheritance, including declaration and succession.
13. Suits relating to declaration under the Specific Relief Act, 1877 (I of 1877).
Schedule II: The Court may refer a case listed in Schedule II at any time or stage where it is of the view that the case is likely to be resolved through ADR. Before referring, the Court asks the parties for their opinion. Where the reference is made with the consent of the parties, the Court may formulate the points in issue. Schedule II covers:
1. Dispute relating to professional negligence under Tort.
2. Dispute under the Punjab Consumer Protection Act, 2005 (II of 2005).
3. Dispute involving copy rights and patents under the Copyright Ordinance, 1962 (XXXIV of 1962) and the Patents Ordinance, 2000 (LXI of 2000) respectively.
4. Suit for redemption of mortgaged property under the Transfer of Property Act, 1882 (IV of 1882).
Step 3: Criminal disputes
Section 345(1) of the Code of Criminal Procedure, 1898: The Court shall refer the case to an ADR service provider or ADR center. In a case arising out of a police report, this is on the application of the public prosecutor with the consent of the complainant at any time before the framing of the charge, or by the Court on its own within seven days of the framing of the charge. In a case arising out of a complaint, this is by the Court on its own or on the application of the complainant, within seven days of the summoning of the accused.
Section 345(2) of the Code of Criminal Procedure, 1898: The Court may refer the case at any time after the framing of the charge. In a case arising out of a police report this is with the agreement of the public prosecutor, and in a case arising out of a complaint it is with the consent of the parties.
Step 4: Time for ADR
The Court fixes the time for completing ADR, which does not exceed thirty days. On the parties’ mutual application, the Court may extend the time, and the total time shall not exceed sixty days. The trial of the case is postponed until the time for ADR ends, except in a criminal case where there are compelling reasons to proceed with the trial. The Court may still record evidence that is likely to become unavailable because of the postponement.
Step 5: Pending cases, appeals and revisions
With the consent of the parties, or on its own where it considers it appropriate, the Court may refer a pending case for ADR at any stage before the pronouncement of the judgment. With the consent of the parties, the provisions of the Ordinance also apply to a dispute pending in an appeal or revision.