Mediation proposed for settling disputes

Ex-judge says delay in cases in judicial system hinders investment

KARACHI:

Musaliha International Centre for Arbitration and Dispute Resolution (MICADR) Managing Director Justice (Retd) Arif Hussain Khilji has advised the business community to settle all their business-related and other disputes through the arbitration and mediation services being provided by MICADR, which was Pakistan’s first high court and government-recognised private alternative dispute resolution (ADR) centre with overall success rate of more than 70%.

Speaking at a meeting during his visit to the Karachi Chamber of Commerce and Industry (KCCI), the MICADR MD pointed to delays in processing of cases in the judicial system as the “biggest hurdle”, hindering local and foreign investment.

In Pakistan, legal proceedings could take up to 25 years, hence, he asked the business community to look into the possibility of resolving their disputes without trial through MICADR. The dispute resolution centre not only offers cost-effective and expeditious mediation but also ensures the enforcement of its decisions.

Justice Khilji noted that many countries around the world had adopted out-of-court settlement through arbitration with Singapore taking the lead while Turkiye resolved three million cases through mediation and Chinese courts referred 5.1 million cases to court-recognised mediation centres.

The concept of mediation is relatively new in Pakistan but it has started picking up some pace since 2022 when Sindh High Court recognised MICADR as an approved ADR centre. Therefore, the business community must prefer MICADR for arbitration, which is termed an easier and quicker way to get the disputes resolved.

MICADR Co-Founder Sarha Rasheed, while delivering a presentation to create awareness of the services offered by the centre, stated that a total of 2.1 million cases were pending in Pakistani courts to be heard by 3,100 judges while the average life span of a civil suit from the day of institution was more than 15 years.

Published in The Express Tribune, May 8^th, 2024.

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