An Insight From Mr. Justice Mansoor Ali Shah
Alternative Dispute Resolution (ADR) has emerged as a crucial mechanism worldwide for resolving disputes outside the traditional court system. With methods such as mediation, arbitration, negotiation, and conciliation, ADR offers a more efficient, cost-effective, and relationship-preserving approach to conflict resolution. In Pakistan, the importance of ADR has gained recognition, particularly as the judicial system grapples with an overwhelming backlog of cases. Recent statements by Justice Mansoor Ali Shah of the Supreme Court of Pakistan provide a compelling case for the integration of ADR and broader judicial reforms in the country.
Internationally, ADR has become an integral part of legal systems in countries like the United States, the United Kingdom, and Australia. These nations have well-established frameworks that reduce the burden on courts and provide parties with flexible, timely resolutions. The success of ADR globally is linked to its ability to enhance access to justice by offering a less intimidating and more accessible avenue for resolving disputes. However, the relationship between ADR and justice is complex, as concerns about the fairness and enforceability of ADR outcomes remain.
In Pakistan, the ADR landscape has been significantly shaped by the enactment of the Alternative Dispute Resolution Act, 2017. This legislation empowered courts to refer cases to mediation and other ADR methods, aiming to streamline the dispute resolution process and alleviate the burden on the judicial system. Mediation has become the most commonly used method, especially in family and commercial disputes, while arbitration is favoured in commercial contexts for its binding resolutions.
Justice Mansoor Ali Shah has been a vocal advocate for ADR in Pakistan, emphasizing its potential to ease the burden on courts. At the 5th Asma Jahangir Conference, he highlighted that while 90% of disputes globally are resolved through ADR, in Pakistan, 100% are handled by the courts—a situation that he views as unsustainable. Justice Shah’s vision includes establishing mediation centres in all districts to educate people about ADR as a viable alternative to litigation. His remarks underscore the need for Pakistan to shift from litigation as the default mode of dispute resolution to a system where ADR plays a central role.
Despite its potential, ADR in Pakistan faces several challenges. Public awareness about ADR is still limited, and there is a shortage of trained professionals to facilitate these processes.
Justice Shah’s call for judicial reforms extends beyond ADR. During a talk at East-West University in Chicago, he stressed the need to reduce the time it takes to resolve cases, arguing that prolonged legal proceedings render many outcomes ineffective. He advocated for the integration of technology and AI to streamline litigation processes, reduce case backlogs, and enhance the efficiency of the legal community. By introducing smart technology and AI, Justice Shah envisions a judiciary that is better equipped to handle the 2.4 million cases currently pending in Pakistan.
A recurring theme in Justice Shah’s discourse is the importance of maintaining judicial independence. In light of recent allegations of interference in judicial affairs, his remarks at the Asma Jahangir Conference took on added significance. Justice Shah emphasized the need for a “firewall” around the judiciary to protect it from external pressures. He warned that weakening the justice system would have dire consequences for all institutions, as the judiciary’s strength and independence are vital for the country’s development and prosperity.
Justice Shah also addressed the challenges within the judiciary itself, such as the need to revisit the appointment process for judges and to expel those who are incompetent or corrupt. His emphasis on merit-based appointments and the empowerment of the Supreme Judicial Council (SJC) reflects his commitment to ensuring that the judiciary remains a robust and independent pillar of the state.
Justice Shah’s advocacy for the integration of technology and AI into the judicial system is forward-looking and aligns with global trends. At East-West University, he argued that technology could significantly reduce the time and costs associated with legal proceedings, making justice more meaningful for the public. He also highlighted the importance of modernizing the judiciary to move away from outdated, colonial-era practices and towards a system that is more responsive to the needs of the people.
Justice Mansoor Ali Shah’s insights into ADR and judicial reforms offer a compelling vision for the future of Pakistan’s legal system. His emphasis on efficiency, independence, and people-centric reforms provides a blueprint for transforming the judiciary into a more effective and accessible institution. As Pakistan continues to grapple with the challenges of an overburdened legal system, the integration of ADR, technology, and merit-based judicial practices could pave the way for a more just and equitable society. By adopting these reforms, Pakistan can ensure that its judiciary not only meets the needs of the present but is also prepared to address the challenges of the future.
— Habib Hanzalah
