Business mediation

In a bid to unburden the pressure of pending cases on the judiciary, the Lahore High Court referred three disputes to the Lahore Chamber of Commerce and Industry (LCCI) for mediation.  We are told that the mediation centre at the Lahore Chamber has the services of over 40 experienced mediators and in this particular instance it took only two hours to resolve one of the cases amicably. The two are under process and expected to be resolved soon. This is a good experiment and one that needs to be replicated given the pressure on the judiciary to give judgments. We know that given the parties involved, such cases can drag on for years.  We also know that the judiciary is overburdened and that any effort that brings relief to both the petitioners and the judiciary is bound to be welcomed by all quarters concerned. With this new approach, some have described it a win-win situation.

The key element is support from all quarters. Mediation is not a new concept and one that has taken time in taking its roots in Pakistan. In most business disputes, it is advisable to go for mediation instead of pursuing the courts given that mediation is a cheaper and quicker option. The only challenge is to ensure the quality and impartiality of the mediators. In this case, it seems that all the parties concerned were confident of the abilities of the mediators and have accepted the decision given out. The business community has said that this is a monumental step for their members and that it will help with the resolution of many disputes.

What is significant here is that the judges hearing the case were in fact those who decided to advise for mediation. Now the Lahore Chamber has said it will advise disputing parties before they decide to go to the court or to a mediation platform. It is the support of the judiciary that makes this initiative successful. One should welcome this initiative and expect other chambers of commerce to follow suit in facilitating such a process.

Published in The Express Tribune, April 3^rd, 2017.

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