ADRs need of time: Justice Shah

Stresses institutions can only grow through negotiation and communication

Justice Mansoor Ali Shah. PHOTO: FILE

ISLAMABAD:

Supreme Court senior puisne judge Justice Mansoor Ali Shah on Tuesday stressed that institutions can only grow through negotiation and communication while highlighting the importance of Alternative Dispute Resolution (ADR) to address the issue of litigation.

Justice Shah expressed these views during the certificate awarding ceremony at the conclusion of a two-day workshop titled "Negotiation Mastery: Theory, Jurisprudence and Practice" jointly organized by Department of Law, Fatima Jinnah Women University and the Federal Judicial Academy, in the federal capital.

ADR refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.

Justice Shah observed that ADR was the solution to the entire litigation landscape, noting that it was happening all around the world.

"ADR is absolutely essential. I have said this many times. I don't think we can get rid of or deal with 2.4 million cases in Pakistan where they are right now," the senior puisne judge said.

"Ours is a litigant society that we come from and the pendency is rising and the number of judges we have it is only 4,000. I don't think litigation is an answer to it. Pendency is rising with the admission," he added.

"There has to be some alterative solution to this entire litigation landscape we have and the only option is ADR it is not rocket science. It is happening all around the world. We have ADR facilities. I think the best migration or the best solution to litigation is the ADR. We must have to move to the ADR."

Justice Shah termed ADR as the "smart solution" to rising litigation and pendency.

He called for establishing ADR centres at district level to handle maximum number of cases and dispensation of expeditious justice to citizens.

The judge appreciated the term "ADR Renaissance in Pakistan" coined by Dr Jo Chatilik.

Justice Shah said institutions can only grow through negotiation and communication, adding that "district and sessions judges must promote a culture of negotiation, communication, sharing and caring and that will help to deliver the best".

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