Former SC judge Mansoor Ali Shah advocates promoting alternative dispute resolution
Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan, April 6, 2022. REUTERS
LAHORE:
Former Supreme Court judge Syed Mansoor Ali Shah on Saturday underlined the importance of Alternative Dispute Resolution (ADR), calling it the “future of Pakistan’s judicial system” and a viable solution to the growing backlog of cases in the country.
At an ADR conference, Justice Shah said ADR is in fact an older and more traditional system than formal courts, rooted in community-based dispute resolution.
“Before the formal judicial system, disputes were resolved through reconciliation and community mechanisms, but over time this culture has faded,” he noted.
Highlighting the magnitude of the challenge, he noted that there are currently more than two million cases pending in Pakistani courts. “If ADR is effectively implemented and promoted, a significant portion of these cases can be resolved outside of court,” he said. He said thousands of cases, particularly those involving family and property matters, do not necessarily require litigation and could be resolved through mediation centers.
“Not all disputes need to go to court. Many can and should be resolved through dialogue and reconciliation,” he added. Justice Shah highlighted the need to change society’s attitudes towards disputes.
“We must develop a culture in which dialogue, not conflict, is seen as the primary solution. Litigation should be the last resort, not the first,” he said.
He added that in some cultures, including China, a legal case is considered a failure in relationships and efforts are made to resolve disputes without going to court. He also criticized the growing trend of seeking court adjournments in individual cases and called for an end to such practices. “The State should force reconciliation to be attempted before litigation,” he suggested.
Referring to the role of legal professionals, he said lawyers also have the responsibility to promote alternative dispute resolution mechanisms instead of encouraging protracted litigation for financial gain. “We need to get away from the mentality that more cases mean more revenue,” he said.
Justice Shah noted that Pakistan has around 3,000 judges for a population of 250 million, making it impossible for courts alone to deal with the growing number of cases. “As many cases are decided, many new cases are filed,” he said, underscoring the need for systemic change.
Drawing on religious and cultural references, he said Islam promotes reconciliation and peaceful resolution of disputes. “Our Holy Prophet (PBUH) gave examples of conflict resolution through dialogue and mediation,” he added.
Sharing his experience, Justice Shah said that during his tenure ADR centers were established in every district and judges were trained to prioritize reconciliation. “The judges were instructed to first attempt mediation before proceeding with formal litigation,” he said.
He emphasized that behind every case there are real human stories (families, children and livelihoods) and resolving disputes efficiently through ADR would not only ease the burden on the courts but also strengthen social harmony.
