As per Lawkidunya, The Guardians and Wards Act, 1890 in Pakistan provides certain rights to minors (wards) to Alternative Dispute Resolution (ADR) mechanisms. Here are some key aspects:
Rights of Minors to Alternative Dispute Resolution
1. Right to Mediation: Minors have the right to mediation as a means of resolving disputes related to their guardianship, custody, or property.
2. Right to Arbitration: Minors have the right to arbitration as a means of resolving disputes related to their guardianship, custody, or property.
3. Right to Conciliation: Minors have the right to conciliation as a means of resolving disputes related to their guardianship, custody, or property.
ADR Mechanisms Under the Wards Act
1. Mediation: The court may refer a dispute to mediation, where a neutral third-party facilitates a settlement between the parties.
2. Arbitration: The court may refer a dispute to arbitration, where a neutral third-party makes a binding decision.
3. Conciliation: The court may refer a dispute to conciliation, where a neutral third-party helps the parties to reach a settlement.
Benefits of ADR for Minors
1. Less Traumatic: ADR mechanisms can be less traumatic for minors than traditional court proceedings.
2. Faster Resolution: ADR mechanisms can provide a faster resolution to disputes than traditional court proceedings.
3. More Control: ADR mechanisms can give minors and their guardians more control over the dispute resolution process.
Case Laws
1. PLD 2005 Lahore 474: The Lahore High Court held that mediation is a suitable ADR mechanism for resolving disputes related to guardianship and custody.
2. PLD 2010 SC 41: The Supreme Court of Pakistan held that arbitration is a valid ADR mechanism for resolving disputes related to property and guardianship.
Conclusion
In conclusion, the Guardians and Wards Act, 1890 in Pakistan provides minors with the right to alternative dispute resolution mechanisms, including mediation, arbitration, and conciliation. These mechanisms can provide a faster, less traumatic, and more controlled means of resolving disputes related to guardianship, custody, and property.