Message from former Chief Justice of Pakistan, President, The National Centre for Dispute Resolution (NCDR)
Alternate Dispute Resolution Mechanism includes within its ambit, the arbitration proceedings, mediation and conciliation. In its crude form it existed in the shape of Panchayat or Jirga system and it still continue to be practised in some parts of the rural areas in Pakistan. With the establishment of modern court system the people gradually turned to the Courts for resolution of their disputes placing more reliance as the Courts were presided over by neutral persons. With the passage of time and increase in the litigation the Courts were clogged with cases and litigation became time consuming and costly. The real task before us is to find a viable solution to the perennial problem of court delays and high cost of litigation. Much work has been done in countries like, USA, Canada, Australia, countries in the European Union and UK to develop the system of ADR for resolving disputes between the parties to reduce the burden of ordinary courts. The delay in conclusion of trial of cases in civil jurisdiction, appears to be endemic in most of the countries of the World. ADR facilitates early settlement of disputes. Early settlement can be both financially and emotionally advantageous to the disputant. It may also mean that an important relationship can be repaired and maintained, something which may be at risk in adversarial litigation. Alternative dispute resolution must be seen as an integral part of any modern civil justice system. The citizens should be given a variety of options to resolve their disputes in a way which best needs their interests and goals. While litigation must always remain available for clients, this can be a very stressful undertaking and should be seen as the final place for resolving a dispute.
Our aim is to give back to Pakistan by reducing the huge backlog in our courts, creating a congenial economic environment that will attract foreign investors and ensure a quick resolution of disputes of women who have been caught up in years of litigation, while at the same time making our people aware about the benefits of mediation in terms of time and cost saving.
I would also like to thank all leading business houses and multinational companies who have joined hands with NCDR by becoming its Life Members. I see a bright future for Pakistan with the introduction and propagation of mediation as an alternative dispute resolution mechanism which frees the common man from the torment of time consuming litigation.
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