ALTERNATE DISPUTE RESOLUTION

ALTERNATE DISPUTE RESOLUTION ALTERNATE DISPUTE RESOLUTION Brief paper read out by Iris Lordship Mr. Justice Sayed Zahid Hussain at the conclusion of the session of the Second Annual Judicial Conference held on Saturday the 24th September, 2005 which session His Lordship chaired.' By Mr. Justice Sayed Zahid Hussain, Judge, Lahore High Court & Member Sub-Committee on Alternate Dispute Resolution (ADR) constituted by National Judicial (Policy Making) Committee (NJPMC) My learned brother Khawaja Muhammad Sharif, the Hon'ble Senior Puisne Judge, brother Judges, the Registrar of the Lahore High Court, the Registrar Peshawar High Court who is here on request and invitation, the learned Presiding Officer of the Provincial Judiciary, gentlemen and a lady. After that thought-provoking papers have been read' by my learned brothers, I am not supposed to make a speech, however, in view of the importance of the hot topic of A.D.R. (Alternate Dispute Resolution) I would take few minutes and say few words in the context of the same. In order to avoid lengthy, expensive, stressful and agonizing litigation, Alternate Dispute Resolution has since long, engaged the attention of the civil society. Various modes and techniques have been adopted and followed for dispute resolution from time to time. For instance direct negotiations (without the involvement of any third party) to settle a dispute is an ideal mode leaving all the parties happy with the outcome of such amicable settlement. Mediation, Conciliation and Arbitration are some of the other modes engaging third party intervention of appointing neutral persons to bring about settlement of disputes. The society and set-up in which we live, since long the efforts used to be made to settle the disputes at local levels. All of us must have observed or heard of `Punchayats', `Punchs' and the `Qazi' in our villages and 'Gali/Mohallas' (localities) of towns, settling disputes of people at local level. Though such modes had no specific statutory backing, their verdicts and decisions used to be accepted and considered as binding. In our country, those at the helm of the affairs appear to have paid attention to this aspect. In 1961 Conciliation Courts Ordinance was promulgated providing Conciliation Courts for this purpose. Specified civil disputes and minor offences could be resolved through these Courts. Provisions were also made in the Family Laws making it incumbent for the Family Court to strive for, bringing about a reconciliation for settling family disputes. For the resolution of labour disputes "shop stewards" were to act as a link between the workers and the employer to help workers in the solution of their problems connected with the work. The appointment of "conciliators" was visualized by the Industrial Relations Ordinance 1969 (now of 2002) to negotiate and to bring about amicable settlement of the disputes. Some laws have been enacted in the recent past, such as provisions in the Punjab Local Government Ordinance, 2001 (Sections 102 and 103) constituting `Mosalehat Anjuman' and `Insaf Committees' for resolving local disputes. Even the Courts have been empowered to refer cases to Mosalehat Anjuman (S.104). For settling fiscal disputes relevant Laws have been amended. Addition of Rule 231-C has been made in the Income Tax Rules, encouraging the resolution of disputes through Alternate Dispute Resolution Committee. These are only few instances indicative of the trend to find ways and means of settling and resolving disputes through alternate modes and techniques. Despite the availability of such modes there is alarming increase in the number of cases resulting in long-drawn litigation and burdening the Courts. It is, therefore, high time for all of us who are directly linked with the administration of justice to thinks about, devise and adopt ways and means to encourage the dispute resolution through alternate means, preferably the amicable settlement of disputes which ultimately proves beneficial not only to the parties, for they get rid of the expensive litigation, but also the Courts whose burden is lessened, as in such cases there remains no possibility of further challenge through appeals etc. The recent insertion of section 89-A in the Code of Civil Procedure, 1908 can be made use of by the Courts for such purpose. It is now for the Courts to invoke such provisions and powers enabling them to adopt the mode of Alternate Dispute Resolution, which is now universally accepted approach for the settlement of disputes. The well-researched and prepared articles read by my learned brothers would definitely be of great use and advantage to all of us. I am grateful to them for their endeavour to have made such useful contribution, despite their routine heavy schedule, bulky case-files and long cause lists. I, also, thank all those who are directly or indirectly linked with the Access to Justice Programme for their cooperation and assistance in launching such programme and organizing this conference, which is second of its kind.