Supreme Court Senior Puisne Judge Justice Mansoor Ali Shah emphasized on Tuesday that the growth of institutions depends on fostering negotiation and communication, underscoring the significance of Alternative Dispute Resolution (ADR) in tackling the increasing burden of litigation.
Justice Shah made these remarks during the certificate distribution ceremony, marking the end of a two-day workshop titled “Negotiation Mastery: Theory, Jurisprudence, and Practice,” organized jointly by the Law Department of Fatima Jinnah Women University and the Federal Judicial Academy in Islamabad.
ADR, which encompasses methods like mediation, arbitration, and neutral evaluation, provides alternative ways for people to settle disputes without going through a formal trial. These methods are generally confidential, more relaxed, and less taxing than traditional court proceedings.
Justice Shah emphasized that ADR offers a vital solution to the growing litigation challenges in Pakistan, pointing out that it is already widely practiced globally.
“ADR is absolutely crucial. I’ve mentioned this many times before. With 2.4 million cases pending in Pakistan, there’s no way we can resolve them all through conventional litigation,” he said.
“We live in a society that frequently resorts to litigation, and with only 4,000 judges available, the backlog continues to increase.”. Litigation alone isn’t the answer. The number of cases keeps rising,” he added.
“There has to be an alternative approach to address this overwhelming backlog, and ADR is the only viable solution. It’s not rocket science—ADR is being successfully implemented worldwide. We already have the framework, and the best way to manage litigation is to embrace ADR. We must move towards it.”
Justice Shah described ADR as the “smart solution” to deal with increasing litigation and court backlogs. He urged the establishment of ADR centers at the district level to expedite case resolution and deliver swift justice to the public.
He praised Dr. Jo Chatilik for coining the term “ADR Renaissance in Pakistan” and encouraged district and sessions judges to cultivate a culture of negotiation and open communication, which he believes will significantly improve the justice system’s effectiveness.
