Justice Shah urges ADR to ease case backlog

SC senior puisne judge says proposed system offers reduced fee and quicker decision-making

ISLAMABAD:

Supreme Court Justice Mansoor Ali Shah on Saturday emphasised the need for adopting Alternative Dispute Resolution (ADR) mechanism to address the backlog of cases and the shortage of judges in the country.

Speaking at a seminar in the federal capital, the senior puisne judge shed light on the state of the judicial system and proposed ADR as a viable solution to the growing crisis.

Justice Shah revealed that despite resolving 1.7 million cases across the country in 2023, the backlog remains unchanged. We must pave the way for litigants and adopt alternative methods to resolve their issues, he stated.

He pointed out the pressing shortage of judges, citing that there are only 13 judges available for every one million people, creating an overwhelming burden on the judiciary.

He attributed delays in case resolutions to systemic issues within the judicial system and the legal community. Delay in case resolutions occur due to strikes and other issues, he said.

Justice Shah advocated for ADR mechanism, such as mediation and arbitration, as a culturally compatible and efficient approach to resolving disputes.

"Arbitration system aligns with our culture and can resolve issues amicably without creating social conflicts. This system doesn't even require legislative changes, as we are training individuals to mediate effectively," he noted.

He further stressed the importance of moving away from traditional litigation practices, noting that delay in deciding critical cases stem from the overwhelming volume of routine cases.

We need to encourage arbitration and mediation as viable alternatives, he said, adding that litigants should have the option to pursue ADR before turning to the courts.

Justice Shah highlighted that the benefits of ADR mechanism, including reduced costs and expedited resolutions.

He said the mediation system can provide quicker decisions, sometimes in a single day, while keeping fees affordable, while observing that it will not lead to economic challenges for lawyers, as they can also play a key role in the ADR process.

Justice Shah noted that ADR is no longer an option but a necessity for delivering justice efficiently.