Finding solutions: ‘Justice dispensation system needs to be reviewed’
Judge suggests mediation as tool to handle civil cases
PHOTO: AFP
KARACHI:
The time involved in raising a child to be an adult is nearly the same as what the judiciary usually takes to decide a case.
A recent decision by the Supreme Court, as quoted by its former top judge Saeeduzzaman Siddiqui, over a 25-year-old dispute involving a brother and a sister of the Swat region is evidence of this.
The apex court, in its verdict, lamented over the lengthy process in disposal of the case and observed that the justice dispensation system needs to be reviewed, said Siddiqui during a press conference at the office of the National Center for Dispute Resolution (NCDR) on Wednesday.
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The press conference was on mediation, which, according to the former chief justice, should be introduced in the country as a primary forum to handle civil cases, including family, property, recovery and financial disputes.
The courts are overburdened with litigations and cases courtesy of a number of factors involved, he said, adding that the lengthy course was not only expensive but painstaking as well. "In all developed countries of the world, mediation [is] being used as the primary tool to decide civil cases," he said. "If they are not decided in this course, they [are then] referred to the courts."
Being aware of the situation, the country also amended its Civil Procedure Code and introduced the concept of Alternative Dispute Resolution in 2002, he said. Section 89 of this code reads that the court may, where it considers necessary, adopt the alternative dispute resolution method, including mediation and conciliation, with the consent of the parties involved.
Explaining the mediation process, the retired judge said that a person, who is a trained mediator, listens to both the parties separately and persuades them through negotiation to reach a conclusion out of the court. "This method saves time and cost," he said. "The best part of it is that the parties decide the case themselves."
To introduce this practice in the country, the NCDR will organise a seminar on Saturday (March 5) at Marriot Hotel, said Siddiqui, adding that the chief justice Anwar Zaheer Jamali will preside over it as the chief guest.
Lawyer Anwar Mansoor Khan told The Express Tribune that there were no prerequisites for a mediator. "A mediator can be an engineer, a physician or a journalist," he said. "The employment of a person acquainted with the parties' profession or dispute [increases] the probability of disposal at the earliest."
The training might be expensive but it spans for a week, during which the person is taught the art of negotiation and persuasion, said Khan, adding that NCDR had a pool of trained mediators willing to offer their services. "All we need is a formal law to make this phenomenon compulsory in [the] judicial system," he explained.
Published in The Express Tribune, March 4th, 2016.
The time involved in raising a child to be an adult is nearly the same as what the judiciary usually takes to decide a case.
A recent decision by the Supreme Court, as quoted by its former top judge Saeeduzzaman Siddiqui, over a 25-year-old dispute involving a brother and a sister of the Swat region is evidence of this.
The apex court, in its verdict, lamented over the lengthy process in disposal of the case and observed that the justice dispensation system needs to be reviewed, said Siddiqui during a press conference at the office of the National Center for Dispute Resolution (NCDR) on Wednesday.
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The press conference was on mediation, which, according to the former chief justice, should be introduced in the country as a primary forum to handle civil cases, including family, property, recovery and financial disputes.
The courts are overburdened with litigations and cases courtesy of a number of factors involved, he said, adding that the lengthy course was not only expensive but painstaking as well. "In all developed countries of the world, mediation [is] being used as the primary tool to decide civil cases," he said. "If they are not decided in this course, they [are then] referred to the courts."
Being aware of the situation, the country also amended its Civil Procedure Code and introduced the concept of Alternative Dispute Resolution in 2002, he said. Section 89 of this code reads that the court may, where it considers necessary, adopt the alternative dispute resolution method, including mediation and conciliation, with the consent of the parties involved.
Explaining the mediation process, the retired judge said that a person, who is a trained mediator, listens to both the parties separately and persuades them through negotiation to reach a conclusion out of the court. "This method saves time and cost," he said. "The best part of it is that the parties decide the case themselves."
To introduce this practice in the country, the NCDR will organise a seminar on Saturday (March 5) at Marriot Hotel, said Siddiqui, adding that the chief justice Anwar Zaheer Jamali will preside over it as the chief guest.
Lawyer Anwar Mansoor Khan told The Express Tribune that there were no prerequisites for a mediator. "A mediator can be an engineer, a physician or a journalist," he said. "The employment of a person acquainted with the parties' profession or dispute [increases] the probability of disposal at the earliest."
The training might be expensive but it spans for a week, during which the person is taught the art of negotiation and persuasion, said Khan, adding that NCDR had a pool of trained mediators willing to offer their services. "All we need is a formal law to make this phenomenon compulsory in [the] judicial system," he explained.
Published in The Express Tribune, March 4th, 2016.