Faster justice

Justice delayed is more than an administrative inconvenience. For many litigants, it can mean years of financial strain, repeated court appearances, damaged relationships and, in some cases, the effective denial of a remedy. Pakistan's courts remain burdened by an enormous backlog, with more than 2.26 million cases pending, according to the Ministry of Law and Justice. Against this backdrop, the Supreme Court's inauguration of its first court-annexed mediation centre is a welcome development.

The initiative, undertaken in collaboration with EU and UNDP, offers litigants an avenue to settle suitable disputes without having to endure the full length and expense of conventional litigation. It also reflects a much-needed recognition that access to justice must also be measured by how quickly, affordably and fairly people can obtain a remedy. Mediation is not a substitute for adjudication. There will always be disputes in which a binding judicial determination is necessary, particularly where fundamental rights and criminal liability are involved. But a large number of civil disputes do not necessarily require years of adversarial proceedings. Where parties are willing to negotiate, a trained and impartial mediator can help them reach an agreement while leaving the final decision in their own hands. Pakistan already has evidence that such an approach can work. The Court-Annexed Mediation Centre at the Sindh High Court has received 386 disputes since August 2023. Of these, 149 resulted in settlements, with some longstanding disputes being resolved within days rather than years. This is strong enough evidence to justify expanding the model.

The challenge now is to ensure that the Supreme Court initiative does not remain an impressive institutional announcement without producing a meaningful change. Mediation centres need adequately trained and independently accredited mediators for robust implementation. Ultimately, the reform should also move beyond Islamabad and expanded to other provinces.