Dispensing speedy justice: Mediation centres paying off in Punjab
Alternative dispute resolution facilities deciding cases pending for years in courts within days
PHOTO: REUTERS
LAHORE:
The Lahore High Court’s recent initiative to set up third-party mediation centres is paying dividends if the number of cases resolved within the past month is to be believed.
The newly established Alternative Dispute Resolution (ADR) centres have decided several references pending for several years in different civil and family courts in a matter of days.
Lahore High Court Chief Justice Syed Mansoor Ali Shah ordered setting up these alternative courts and a notification for their establishment was issued on February 23.
The decision to establish these ADRs at district courts came after observing results of similar initiatives in other countries, including India, to dispense speedy justice.
Historic decision: Court refers three cases to LCCI for mediation
Three ADR centres have initially started working in Lahore. While Mediation Centre-I being run by Additional District & Sessions Judge Tajammul Shahzad Chaudhry was established a few days ago, the other two mediation centres were inaugurated on March 7. Mediation centres II and III are headed by senior civil judges Imran Nazir and Aisham binte Sadiq, respectively.
These ADR centres, with their motto ‘No Litigation but Reconciliation’ and the main objective of dispensing speedy justice have resolved a record number of cases in the past 30 days. The first reference was referred to Mediation Centre-II on March 15 and was decided within 10 days.
One case pending since May 22, 2014 in a civil court was referred to the same centre and was decided in just 12 days with the consensus of both parties.
According to officials, several references at these ADR centres have been decided on the same day whereas the cases had been pending in courts for several months.
Consolidated data from mediation centres II and III from March 15 till April 10 shows the facilities received 110 cases. Out of them, 60 were successfully mediated while 13 remained unsuccessful. Eleven references were sent back to the relevant courts owing to the absence of parties. The centres still have to decide 26 cases.
The alternative dispute resolution centres work via a neutral third person helping the rival parties reach a voluntary resolution over a dispute. Mediation is an informal, confidential and flexible process in which the mediator helps the parties to understand the interests of everyone involved, and their practical and legal choices.
Alternate means: DRCs and their legal cover
The centres can help people resolve civil, family, juvenile and other matters in a less adversarial setting. Court mediation programmes have shown to save the parties time and money, improve satisfaction with the court’s services and reduce future disputes and offences.
An official privy to the developments told The Express Tribune that a meeting, chaired by District & Sessions Judge Abid Hussain Qureshi, to discuss the standard operating procedures (SOPs) of these centres had decided every case would be resolved in the first sitting or a maximum three hearings.
References related to family and guardians are to be decided in 15 days while civil matters will be decided within 30 days. Strict instructions are in place to avoid adjournments over normal or petty problems, the official added.
Guardian and civil courts send the cases to the mediator centres, where they are decided upon taking both parties on board for evolving consensus. Family disputes, dissolution of marriage, maintenance suits, dower articles, child custody and property matters among others are sent to these courts.
Several litigants while talking to The Express Tribune expressed satisfaction over the mediation centres, saying more facilities should be established for out-of-court settlements for dispensing justice.
Haji Malik Muhammad Riaz, who has filed a case in a guardian court over inheritance of his nephew whose entire family was killed in the 2014 Wagah Border blast, said his case was decided within days by Mediation Centre-III judge Aisham binte Sadiq.
The litigants, however, suggested the cases should first be brought to mediation centres rather than initiating trials in courts to avoid time wastage. Delayed justice, they believe, has ruined the image of the judicial system.
Published in The Express Tribune, April 24th, 2017.
The Lahore High Court’s recent initiative to set up third-party mediation centres is paying dividends if the number of cases resolved within the past month is to be believed.
The newly established Alternative Dispute Resolution (ADR) centres have decided several references pending for several years in different civil and family courts in a matter of days.
Lahore High Court Chief Justice Syed Mansoor Ali Shah ordered setting up these alternative courts and a notification for their establishment was issued on February 23.
The decision to establish these ADRs at district courts came after observing results of similar initiatives in other countries, including India, to dispense speedy justice.
Historic decision: Court refers three cases to LCCI for mediation
Three ADR centres have initially started working in Lahore. While Mediation Centre-I being run by Additional District & Sessions Judge Tajammul Shahzad Chaudhry was established a few days ago, the other two mediation centres were inaugurated on March 7. Mediation centres II and III are headed by senior civil judges Imran Nazir and Aisham binte Sadiq, respectively.
These ADR centres, with their motto ‘No Litigation but Reconciliation’ and the main objective of dispensing speedy justice have resolved a record number of cases in the past 30 days. The first reference was referred to Mediation Centre-II on March 15 and was decided within 10 days.
One case pending since May 22, 2014 in a civil court was referred to the same centre and was decided in just 12 days with the consensus of both parties.
According to officials, several references at these ADR centres have been decided on the same day whereas the cases had been pending in courts for several months.
Consolidated data from mediation centres II and III from March 15 till April 10 shows the facilities received 110 cases. Out of them, 60 were successfully mediated while 13 remained unsuccessful. Eleven references were sent back to the relevant courts owing to the absence of parties. The centres still have to decide 26 cases.
The alternative dispute resolution centres work via a neutral third person helping the rival parties reach a voluntary resolution over a dispute. Mediation is an informal, confidential and flexible process in which the mediator helps the parties to understand the interests of everyone involved, and their practical and legal choices.
Alternate means: DRCs and their legal cover
The centres can help people resolve civil, family, juvenile and other matters in a less adversarial setting. Court mediation programmes have shown to save the parties time and money, improve satisfaction with the court’s services and reduce future disputes and offences.
An official privy to the developments told The Express Tribune that a meeting, chaired by District & Sessions Judge Abid Hussain Qureshi, to discuss the standard operating procedures (SOPs) of these centres had decided every case would be resolved in the first sitting or a maximum three hearings.
References related to family and guardians are to be decided in 15 days while civil matters will be decided within 30 days. Strict instructions are in place to avoid adjournments over normal or petty problems, the official added.
Guardian and civil courts send the cases to the mediator centres, where they are decided upon taking both parties on board for evolving consensus. Family disputes, dissolution of marriage, maintenance suits, dower articles, child custody and property matters among others are sent to these courts.
Several litigants while talking to The Express Tribune expressed satisfaction over the mediation centres, saying more facilities should be established for out-of-court settlements for dispensing justice.
Haji Malik Muhammad Riaz, who has filed a case in a guardian court over inheritance of his nephew whose entire family was killed in the 2014 Wagah Border blast, said his case was decided within days by Mediation Centre-III judge Aisham binte Sadiq.
The litigants, however, suggested the cases should first be brought to mediation centres rather than initiating trials in courts to avoid time wastage. Delayed justice, they believe, has ruined the image of the judicial system.
Published in The Express Tribune, April 24th, 2017.