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" 305 CRITIQUE OF SECTION 89-A, CIVIL PROCEDURE CODE, 1908 AND CASE FOR AMENDMENT Isfandyar Ali Khan, LL.B (Hons.), Bar-at-Law, Islamabad   Published in: All Pakistan Legal Decisions Year of Publication: 2011 Suggested Citation: 2011 PLD Journal Section p.59   INTRODUCTION TO ALTERNATE DISPUTE RESOLUTION IN PAKISTAN: Alternate Dispute Resolution or ADR for short is gaining currency throughout the world particularly in advanced jurisdictions. In some jurisdictions, such as the United States, it is reported that nearly 90 per cent of the claims or disputes are resolved through this mechanism. Here in Pakistan, the systems of Punchayat and Jirga have been successful in resolving many civil and criminal disputes. ADR provides many benefits for the parties such as time and cost saving. In commercial world, mediation, one of the popular forms (Cit. p.60) of ADR provides opportunity for disputants to save their reputation and business relationship and resolve their disputes confidentially and in an amicable fashion. In reference to specific legislations in field of ADR in Pakistan, the Arbitration Act 1940 and Conciliation Court Ordinance 1961 have not been very effective. The system of conciliation envisaged by the Family Courts Act 1964 also has not delivered the desired results. The Law and Justice Commission of Pakistan, then the Pakistan Law Commission, in 1993 through its Committee prepared draft legislation---the Mediation Act 1993---on the subject. The draft was submitted to the Ministry of Law and Justice for enactment and provided for a panel of mediators to be maintained at the district/sub-divisional level for the resolution of petty civil and criminal disputes. From enforcement perspective, if mediation is successful, the settlement was to be enforced…