Dispute settlement: Experts underscore alternative modes

Panellists say role of assemblies, district bodies crucial for non-traditional models.

ISLAMABAD:

Panellists on Wednesday said that for a population wary of unwieldy and expensive legal engagement, with little hope for justice, the alternative dispute resolution (ADR) is the way forward for settling disputes. 

At a session at the Sustainable Development Policy Institute (SDPI) dedicated to the trajectory of non-formal legal resolution frameworks since their inclusion into various laws across Pakistan, panelists related the obstacles and the future potential of ADR as an alternative to full-scale functioning courts.

With local bodies on the forefront of the session, the efficacy of such non-traditional modes for resolution of disputes depends in large part on the role of provincial assemblies and their ultimate compliance to devolve powers to a third tier at the district level.

The Musalihat Anjuman, a conciliation forum first set up in 2001 as part of the local government ordinance (LGO), has much to gain from this power shift.

“If the roles of all stakeholders are clearly defined, the new alternative resolution framework can prove to be a swift and effective means of settling cases,” said peace activist Zarina Salamat, the session chair.

According to a report cited by Salamat, from over 10,854 cases registered with local reconciliatory bodies across Punjab and Khyber Pakhtunkhwa, 8,020 were settled amicably.

“While research relates that the first preference within most rural communities is to find an in-house solution to disputes, as jirgas and panchayats are entirely made up of men,” said moderator Asif Memon, while presenting an SDPI paper on dispute resolution.

He said that while the state can decree legal rulings and punishments, real solutions are best offered within more localised structures offering conciliation, mediation and arbitration.

However, whether such a framework can be trusted to be impartial towards women and minorities relies heavily on a greater awareness about the system, as well as training and inclusion of local judiciary, district police, lawyers, elders and civil society.

“Of 2,500 cases of compoundable offences, less than 38 were settled in the court,” said Assistant IGP Waqar Chohan, alluding to the prevalence of quick, local solutions.

Islamabad Additional Deputy Commissioner Ehtasham Anwar said that jirgas and panchayats need to be reconciled with modern realities and operate with a coordination team responsible for building a database to ensure transparency, accuracy and greater success in the system.

Published in The Express Tribune, December 12^th, 2013.