Islamabad:
The Judge of the Supreme Court, Mansoor Ali Shah, emphasized on Saturday the need to adopt the mechanism for resolving alternative disputes (ADR) to address the accumulation of cases and the shortage of judges in the country.
Speaking in a seminar in the Federal Capital, the senior judge of Puisne shed light on the state of the judicial system and proposed ADR as a viable solution to the growing crisis.
Judge Shah revealed that despite resolving 1.7 million cases throughout the country in 2023, the accumulation remains unchanged. We must pave the way for litigants and adopt alternative methods to solve their problems, he said.
He pointed out the pressing shortage of judges, citing that there are only 13 judges available for every million people, creating an overwhelming burden for the Judiciary.
Attributed delays in cases of cases to systemic problems within the judicial system and the legal community. The delay in cases resolutions occur due to strikes and other problems, he said.
Judge Shah advocated the ADR mechanism, such as mediation and arbitration, as a culturally compatible and efficient approach to solve disputes.
“The arbitration system aligns with our culture and can solve problems friendly without creating social conflicts. This system does not even require legislative changes, since we are training people to mediate effectively,” he said.
In addition, he emphasized the importance of moving away from traditional litigation practices, noting that the delay in deciding critical cases derives 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 of searching ADR before resorting to court.
Judge Shah stressed that the benefits of the ADR mechanism, including reduced costs and accelerated resolutions.
He said that the mediation system can provide faster decisions, sometimes in a single day, while keeping affordable rates, while noting that he will not lead to economic challenges for lawyers, since they can also play a key role in the process of ADR.
Judge Shah said that ADR is no longer an option but a necessity to deliver justice efficiently.
