Islamabad: Federal Minister for Law and Justice Senator Azam Nazeer Tarar on Monday said the government was taking measures to expand effective Alternative Dispute Resolution (ADR) and mediation mechanisms across the country while pursuing legal reforms to discourage frivolous and baseless litigation.
Addressing the concluding ceremony of a five-day training programme on Civil, Commercial and Shariah-Integrated Mediation at the International Mediation and Arbitration Centre (IMAC), he said there was a need to transform the existing litigation culture as unnecessary litigation was placing an increasing burden on the judicial system and affecting timely delivery of justice.
The Minister said litigants might approach courts believing their claims were justified, but cases were decided on the basis of admissible evidence, burden of proof and other legal principles. A case could pass through trial, appeals and other legal stages, consuming considerable time and resources.
Senator Azam Nazeer Tarar said the judicial system needed to be reformed and modernised in both civil and criminal matters. Significant progress had already been made through legislation, while further measures and rules were under consideration.
He said frivolous litigation needed to be discouraged as it consumed valuable court time and placed an additional burden on national resources.
The Minister said judicial reforms were being pursued in collaboration with the Law and Justice Commission of Pakistan, Supreme Court, High Courts and provincial governments.
He stressed that speedy and inexpensive justice was not only a constitutional and state-policy requirement but also a fundamental right of every citizen. He expressed the government’s resolve to expand ADR and mediation mechanisms nationwide alongside ongoing judicial reforms.
The Minister said mediation was no longer confined to lawyers, judges and civil servants, as training programmes were being organised in collaboration with chambers and various institutions. Government officials had also been trained, while representatives of civil society were being included in the process.
He said the ongoing training programme incorporated Shariah principles and the Islamic concept of reconciliation alongside civil law and the judicial system.
Senator Azam Nazeer Tarar said the scope of mediation was being further expanded by involving Ulema and religious scholars. He termed cooperation between the OIC Arbitration Centre and Pakistani institutions an important step towards strengthening international linkages in mediation and arbitration.
Addressing the ceremony, Supreme Court Judge Justice Miangul Hassan Aurangzeb said litigants should, wherever possible, be encouraged to resolve disputes through mediation instead of approaching courts.
He said cases were being referred to mediation at the Supreme Court and steps were being taken to further strengthen the court-annexed mediation system.
Justice Miangul Hassan Aurangzeb said court-annexed mediation centres could provide litigants with a timely and cost-effective avenue for dispute resolution.
He said mediators had initially provided their services voluntarily and on a pro bono basis, with several disputes being resolved through mutually agreed settlement agreements subsequently placed before courts.
He said Supreme Court officers had also received mediation training from the Ministry of Law and Justice to enable them to contribute to the process.
Referring to the Dispute Resolution Act 2017, he said a legal basis already existed for mediation and ADR, but greater public awareness about the system and its benefits was needed.
He also stressed the need for effective implementation of litigation costs to discourage unnecessary litigation.
Justice Miangul Hassan Aurangzeb urged Ulema to utilise their intellectual and social capacities to encourage people towards reconciliation and peaceful resolution of disputes.
Dr. Umar A. Oseni, Secretary General of the OIC Arbitration Centre, said integrating civil, financial and Shariah-compliant mediation principles into a comprehensive training framework was an important development.
He said the five-day training programme for Ulema provided the basis for a unique model and expressed the hope that cooperation between the OIC Arbitration Centre and Pakistani institutions would be taken to the global level.
He said the model had generated international interest and could also be introduced in other countries.
Ms. Aisha Rasool, Senior Consultant, Ministry of Law and Justice and Project Director, IMAC, said training Ulema in mediation was an important development that would enable them to contribute effectively to reconciliation and peaceful dispute resolution in their seminaries, institutions and communities.
She expressed hope that the model would not remain confined to Pakistan and could also be extended to other Muslim countries and communities.
Certificates and souvenirs were distributed among the participants at the conclusion of the ceremony.
