In a civilised society everyone has a right to seek justice and fair play. However, there is a phrase which says 'justice delayed is justice denied. This also emphasises the need for timely dispensation of justice.
Perhaps this was one of the motivating factors that brought together a distinguished group of people to establish the Karachi Centre for Dispute Resolution (KCDR) with a catchword-`Use mediation- Save time & money'. It seems as if this also alludes to the backlog at the courts.
The KCDR has been described as a not-for-profit organisation functioning under the supervision and guidance of former and current members of the country's superior judiciary. Dr Zafar Ahmed Khan Sherwani is the Director. Its board of governors comprised eminent jurists and people from various walks of life. This includes former Justice Said Uzzaman Siddiqui, a former Chief Justice of Pakistan.
The KCDR, established in the year 2006 with the support of the International Finance Corporation (IFC), a member of the World Bank Group, with a view to also help resolve mainly the business, commercial and other disputes in order to help spur the process of investment. Since then, it was pointed out, the KCDR has handled almost 2,000 cases with the success rate of up to 80 percent.
"This is a pioneering initiative aimed to foster business growth in Pakistan," remarked Ms Yasmin Hyder, the Communications Consultant with for the KCDR. She informed that the KCDR has been supported by the Sindh High Court (SHC) and the State Bank of Pakistan (SBP).
The Supreme Court of Pakistan has also referred some cases to the KCDR for mediation, Yasmin remarked. The resolution of the dispute depends more on the parties concerned as well as the nature of the case. The willingness of both the parties is a must in order to seek the resolution of the dispute which in some instances may take even a single day to get resolved.
The process of mediation at the KCDR was quite easy as well as simple and that a case that may take a year in a court can be resolved in days at the KCDR. The first step is to refer the case for mediation and that if the case is already in a court or judicial forum, can be opted for mediation by requesting the presiding officer of the court to grant permission to transfer the case for mediation at the KCDR.
The parties concerned meet with a trained mediator who helps them communicate with each other and facilitate reaching an agreement for settlement of the dispute. The mediation sessions may also be arranged at the convenience of the parties concerned.
Cost of the mediation will be based on the value of the claim, it was pointed out. The KCDR offers mediation as an institutionalised alternate dispute resolution mechanism as provided under section 98-A and Order X rule IA of the Civil Procedure Code 1908. The corporate sector can now opt for mediation to effectively settle commercial disputes which are either pending in courts or have not been filed yet.
KCDR has on its roll the services of some 50 internationally accredited mediators from different professions who have been trained by foreign experts. With dedicated people taking this initiative as a form of a mission, there seems to be quite a promise in the KCDR in fulfilling its objective.
There is a need to foster awareness among the people to come to the fore and avail this channel for the mitigation of their grievances in a speedy manner. The holding of workshops and seminars from time to time would be quite helpful in this regard. The arrangements for mediation should also be made available in other cities of the country as this would also help in tackling the backlog at the courts besides ensuring dispensation of justice without delay. The corporate sector may also utilise the alternate dispute resolution through mediation for reducing the litigation time and expense.