Pendency in courts - a holistic solution

In a recent move by the National Assembly's Standing Committee on Law and Justice, the bill introduced to increase the number of Supreme Court Judges was rejected. It is without doubt a fact that the solution to reduce the pendency in the courts is not to simply increase the number of judges. Aiming for quantity often forces one to compromise on quality. This issue therefore needs to be addressed multi-dimensionally.
In his statement to the Committee, the Minister of State for Law and Justice, Barrister Zafarullah Khan mentioned a "cost draft bill" in the making. The Bill will require people filing false petitions to pay the whole cost of the case.
However, it is not certain how the frivolous nature of the case is to be determined and at what stage of the case. Such an exercise has to proceed before conclusion of the case and some mechanism has to be devised for taking security of the cost by the party responsible for bringing in Court the frivolous action otherwise the whole exercise will be rendered ineffective.
No doubt such a Bill will definitely make a person think twice before filing a suit; but should the sole purpose be deterrence from filing a suit or should it also be to make access to justice more readily available?
While the Cost Bill is necessary in Pakistan, it should not be tabled as a standalone option but rather coupled with an alternative dispute resolution system. This shall give the affected an option to resolve his or her dispute without any fear of paying the cost for the entire case.
Dr Arif Alvi mentioned that he has prepared a Bill on mediation and arbitration to reduce burden on the courts. Such a bill should be passed on a priority basis. Mediation has improved the situation in many countries and today nations worldwide are benefiting from this ADR mechanism.
As an example one can look towards Italy where notorious delays in its civil justice system cost the nation an estimated 1% of its gross domestic product annually, equivalent to 16 billion Euros. It contributed to Italy's drop to 158th ranking in the World Bank's Doing Business Report. After making mediation mandatory and introducing other steps, today its rank is 111 as per the Doing Business Report 2016.
The government is going in the right direction but the solution to the problem has to be applied with care and the long term effects need to be assessed. The Cost Bill must be coupled with mandatory mediation law in the country for a more holistic effect - curb frivolous litigation and provide increased access to justice.