Federal Minister for Law & Justice Senator Azam Nazeer Tarar said that the government was taking measures to expand Alternative Dispute Resolution (ADR) and effective mediation mechanisms across the country, while legal reforms were also being pursued to discourage frivolous and baseless litigation.
He was addressing the concluding ceremony of a five-day training programme on Civil, Commercial and Shariah-Integrated Mediation at the International Mediation & Arbitration Centre (IMAC), Islamabad, on Monday.
The Federal Minister said there was a need to transform the existing litigation culture. Unnecessary and frivolous litigation had increased the burden on the judicial system, affecting the timely delivery of justice.
He said litigants sometimes approached courts believing their claims to be justified; however, cases were decided on the basis of admissible evidence, Burden of Proof and other legal principles. A case could pass through the trial court, appeals and other legal stages, consuming considerable time and resources.
Senator Azam Nazeer Tarar said there was a need to reform and modernise the judicial system, both in civil and criminal matters. He said significant progress had already been made through legislation, while further measures and rules were also under consideration.
The Federal Minister said Frivolous Litigation, or frivolous and baseless litigation, needed to be discouraged, as unnecessary litigation not only consumed valuable court time but also placed an additional burden on national resources.
He said work on judicial reforms was continuing in collaboration with the Law & Justice Commission of Pakistan, Supreme Court of Pakistan, High Courts and provincial governments.
Senator Azam Nazeer Tarar said speedy and inexpensive justice was not only a constitutional and state-policy requirement but also a fundamental right of every citizen. He expressed the resolve to further expand effective Alternative Dispute Resolution (ADR) and mediation mechanisms across the country alongside ongoing reforms.
The Federal Minister said mediation had not been confined to lawyers, judges and civil servants; rather, training programmes had been organised in collaboration with chambers and various institutions, government officials had been trained, and representatives of civil society had also been included in the process.
He said the current 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 and Ulema and religious scholars were also being brought into the process.
He termed cooperation and partnership between the OIC Arbitration Centre and relevant Pakistani institutions an important step towards strengthening international linkages in the field of mediation and arbitration.
Justice Miangul Hassan Aurangzeb
Addressing the ceremony, Hon'ble Justice Mr. Miangul Hassan Aurangzeb, Judge, Supreme Court of Pakistan, said litigants should, wherever possible, be encouraged to resolve their disputes through mediation rather than approaching courts.
He said cases were being referred to mediation at the Supreme Court, while steps were being taken to further strengthen the court-annexed mediation system.
He said court-annexed mediation centres could provide litigants with an avenue for resolving disputes in a timely and cost-effective manner.
Justice Miangul Hassan Aurangzeb said mediators had initially provided their services voluntarily and on a pro bono basis, with several disputes being resolved through mutually agreed Settlement Agreements that were subsequently placed before the courts.
He said officers of the Supreme Court had also been provided mediation training by the Ministry of Law & Justice to enable them to contribute to the process.
Referring to the Dispute Resolution Act 2017, Justice Miangul Hassan Aurangzeb said a legal basis existed for mediation and alternative dispute resolution, while greater public awareness about the system and its benefits was needed.
He also stressed the need for effective implementation of Cost of Litigation to help discourage unnecessary litigation.
Justice Miangul Hassan Aurangzeb urged the Ulema to use their intellectual and social capacities to encourage people towards reconciliation and peaceful resolution of disputes.
OIC Arbitration Centre
Addressing the ceremony, Dr. Umar A. Oseni, Secretary General, OIC-AC, 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, adding that further efforts would be made to take cooperation between the OIC Arbitration Centre and Pakistani institutions to the global level.
He said the model had generated international interest and could also be introduced in other countries.
Programme Significance
On the occasion, Ms. Aisha Rasool, Senior Consultant, Ministry of Law & Justice / Project Director, IMAC, said training Ulema in mediation was an important development.
She said the training would enable Ulema to contribute effectively to promoting reconciliation and peaceful resolution of disputes in their seminaries, institutions and communities.
She expressed the hope that the model would not remain confined to Pakistan but could also be extended to other Muslim countries and Muslim communities.
Certificates and souvenirs were distributed among the participants at the conclusion of the ceremony.
