The Future of Courts: Integrating ODR into Formal Judicial Systems of Pakistan

Abstract

This rapid digitalization of the world economies has treated the world of dispute resolution significantly and now the judicial systems are demanded to employ new mechanisms that offer efficiency, availability, and impartiality. ODR (Online Dispute Resolution) that has emerged as the extension of Alternative Dispute Resolution (ADR) has been identified to be the effective method of dispute resolution in a speedy and less expensive as well as a technology-based manner. This paper expands on the original research premises of current research on ODR in e-commerce with special reference to comparative studies between Pakistan and the developed jurisdictions to investigate the integration of ODR into the formal judicial system of Pakistan. Whereas ODR has been effectively institutionalized in some countries such as the United Kingdom by using formal legal frameworks and computerized court systems, its adoption in Pakistan is haphazard and occasional. The current legal framework, though favorable to electronic transactions, does not have a broad structure of entrenching ODR into official courts. This paper critically analyses the prospects of introducing ODR in the Pakistani judicial system in order to overcome the issues of case backlog, delay, expensive litigation process and poor access to justice. This paper has presented the advantages, issues, and opportunities of ODR in Pakistan using a doctrinal and comparative research approach. It also suggests strategic changes such as legislation creation, institutional capacity development and technological integration to convert the traditional courts into hybrid cyber justice. The paper has found that incorporating ODR in the formal judicial systems is not only an alternative but a must in the provision of efficient delivery of justice in the changing digital age in Pakistan.