The writer is an
economist, anchor,
analyst and the
President of All
Pakistan Lawyers’
Federation
president@Pakistan
privateschools.com
The world is witnessing a paradigm shift in dispute resolution, with Alternative Dispute Resolution (ADR) emerging as a beacon of hope to alleviate the burden on courts. ADR mechanisms like mediation, arbitration, and conciliation offer a faster, cost-effective, and more amicable alternative to traditional litigation. This delves into the importance of ADR in reducing the burden on courts, comparing Pakistan with the USA, UK, Germany, China, and India. The extent of civilization in society may be judged through getting into their prisons. A real photo of the country of the justice machine and the administration of justice will emerge from the functioning of the courts and the wide variety of instances pending. Pakistan’s post-colonial legal gadget is old-fashioned, facing contemporary demanding situations and failing to satisfy the country’s growing wishes for international integration, dependable exchange transactions and justice for the not-unusual guy. A framework for prison and judicial reforms is urgently needed to ensure inner peace and harmony. A document via the sector Justice Challenge’s Rule of Law Index 2023 suggests that Pakistan is the lowest-acting international location in phrases of its adherence to the guidelines of law, ranked hundred and thirtieth out of 139. Even in South Asia, Pakistan’s role is second best to ultimate. Nepal, Sri Lanka, India, and Bangladesh have all achieved higher than Pakistan in the guideline of law even as only Afghanistan is limited beneath Pakistan inside the vicinity. Pakistan abuses in areas of corruption, fundamental rights, order and security and regulation enforcement. In these areas, Pakistan is the second worst region in the vicinity. In phrases of the criminal justice gadget, social justice, open authorities and barriers to country energy, Pakistan ranks fourth in six nations surveyed. Globally, Pakistan ranks among the bottom three countries in terms of order and safety, ranking 137th out of 139 nations surveyed. In terms of social justice, law enforcement, fundamental rights, and corruption, Pakistan ranks 124th, 123rd, 126th, and 123rd respectively. The country’s judicial system is burdened with an overwhelming 2,259,655 pending cases across various courts. The Supreme Court of Pakistan has 53,138 pending cases, with a total strength of 17 judges, two of whom are vacant. The Federal Shariat Court has 178 pending cases, while the Islamabad High Court has 16,374 pending cases and only one vacancy for a judge. The district and sessions courts in Islamabad have 51,849 pending cases, with 70 judges working and 33 vacancies. At the provincial level, the Lahore High Court has a sanctioned strength of 60 judges but only 50 are working, with 193,030 pending cases. In Punjab’s district and sessions courts, 1,345,632 civil and family cases are pending, with a sanctioned strength of 2,364 judges, of which 1,616 have been appointed, leaving 748 vacancies. The Sindh High Court has a sanctioned strength of 40 judges, with six vacancies and 83,150 pending cases. In Sindh’s district judiciary, 568 judges are working, with 54 vacancies and 115,296 pending cases. The Peshawar High Court has 20 judges, with five vacancies and 42,180 pending cases. In Khyber Pakhtunkhwa’s district and sessions courts, 596 judges have been appointed, with 124 vacancies and 240,436 pending cases. The Baluchistan High Court has 15 judges, with five vacancies and 4,663 pending cases. The province’s district judiciary has 208 judges, with a sanctioned strength of 270 and 15,729 pending cases. The prison population in Pakistan stands at 59,439, with 32 provincial prisons and 215 legal detention facilities. Prisoners under trial outnumber convicts by four times, with 69% of prisoners being convicts and 19.50% and 11.50% being convicted and under trial respectively. The justice system in Pakistan is struggling to cope with the overwhelming number of cases, leading to a loss of faith in the ability to administer justice and resolve grievances. The situation requires immediate attention and in-depth research to take corrective action before the system collapses, leading to chaos and anarchy in the community.
Pakistan can learn from international best practices and invest in promoting ADR awareness, infrastructure, and training. By embracing ADR and focusing on judicial performance metrics, Pakistan can enhance judicial efficiency, transparency, and easy access to justice.
Judicial performance metrics are a vital tool for enhancing judicial efficiency and transparency. Key performance indicators include clearance rate, disposal rate, pendency rate, and the average age of pending cases. Regrettably, Pakistan’s judicial system lags behind its counterparts in developed nations. As of 2022, Pakistan’s clearance rate stands at 54.6%, disposal rate at 63.2%, pendency rate at 71.4%, and the average age of pending cases is 7.5 years. In contrast, the United States boasts a clearance rate of 75%, a disposal rate of 80%, a pendency rate of 40%, and an average age of pending cases of 1.5 years. The United Kingdom’s clearance rate is 80%, disposal rate is 85%, pendency rate is 30%, and the average age of pending cases is 1 year. Germany’s clearance rate is 85%, disposal rate is 90%, pendency rate is 25%, and the average age of pending cases is 0.5 years. China’s clearance rate is 80%, disposal rate is 85%, pendency rate is 35%, and the average age of pending cases is 1 year. India’s clearance rate is 65%, disposal rate is 70%, pendency rate is 50%, and the average age of pending cases is 2 years. These comparative metrics underscore the need for Pakistan’s judicial system to address its efficiency and transparency challenges. The ADR manner is being efficiently implemented in the evolved international locations and nearly 80 per cent of the cases lodged in British and Australian Courts are being settled through the ADR method thereby saving the price of the events and sparing time for the court for adjudication of complicated felony issues and instances which do not qualify for selection under the ADR procedure. The Civil Procedure Code with the aid of modification vide Ordinance 34 of 2002 has delivered the basic concept of the ADR system however guidance has now not been supplied as to how and by way of what technique this manner is to be hired by way of courts. The courts, the legal professionals, and the litigant parties should receive that this manner is beneficial in considerably decreasing the workload of the courts by presenting the birthday party’s opportunity to settle their dispute out of doors the court. The effectiveness of this technique in saving time and value of the events and approximately their involvement within the procedure as facilitators whose steering events want and require watching the litigant’s hobby. It’s, therefore, recommended to provide the mechanism, the model, and the way of adopting the change Dispute decision technique. The US has a well-established ADR system, with mediation and arbitration being widely used. The American Arbitration Association (AAA) reports a significant increase in ADR cases, with 80% of disputes resolved through mediation. The UK has a robust ADR framework, with the Civil Justice Council promoting mediation and arbitration. ADR has contributed to a 20% reduction in court cases. Germany’s ADR system is highly developed, with a strong emphasis on mediation. The German Mediation Act (2012) has led to a significant increase in mediation cases. China has made significant strides in ADR, with a focus on mediation and arbitration. The Supreme People’s Court has established ADR centres, resulting in a 30% reduction in court cases. India has a growing ADR system, with the Arbitration and Conciliation Act (1996) providing a framework for ADR. The Indian government has launched initiatives to promote ADR, resulting in a 25% reduction in court cases.
It is imperative to establish Alternative Dispute Resolution (ADR) Centers and dedicate specific centres within court and tribunal premises to facilitate effortless access to ADR services. Additionally, a National ADR Council should be established to oversee ADR development, standards, and policy-making. Online ADR Platforms ought to be implemented to increase accessibility and efficiency. ADR training and workshops should be incorporated into educational institutions to cultivate a culture of conflict resolution. Specialized ADR Courts should be developed to streamline the process and reduce court burden. Corporate ADR Adoption should be encouraged, incentivizing companies to adopt ADR for commercial disputes, thereby reducing litigation costs and enhancing business relationships. Regular training and certification programs for ADR professionals are essential to enhance their skills. Public awareness campaigns should be launched to educate citizens about the benefits and processes of ADR. ADR should be integrated into court processes, making it a mandatory step before litigation, and encouraging parties to explore ADR options. Key performance indicators (KPIs) like settlement rates, time, and cost savings should be tracked to assess ADR effectiveness. By implementing these recommendations, Pakistan can significantly enhance its dispute resolution landscape, improving judicial efficiency, transparency, and access to justice. ADR can resolve up to 50% of cases, decreasing court workload and enabling faster dispute resolution. ADR processes are cost-effective, saving parties up to 70% of litigation costs, and leading to higher party satisfaction rates. ADR provides an affordable and accessible alternative for marginalized communities, increasing access to justice. ADR can reduce court cases by up to 70%, enabling faster disposal of pending cases and increasing citizen satisfaction. ADR can also save the economy up to 2% of GDP by reducing litigation costs and enhancing business productivity. Furthermore, ADR training and certification programs can enhance lawyers’ skills, making them more competitive and effective. The environmental benefits of ADR include reduced paper usage and digital platforms contributing to a more sustainable legal system. In Pakistan, ADR has resolved over 20,000 cases in the past two years, with a settlement rate of 65%. Internationally, ADR has saved businesses over $2.5 billion in litigation costs annually in the USA, reduced court cases by 25% in the UK, achieved a settlement rate of 90% in commercial disputes in Germany, resolved over 100,000 cases in China, and reduced court pendency by 20% in India. By implementing these exclusive recommendations and leveraging the benefits of ADR, Pakistan can revolutionize its dispute resolution landscape, enhancing judicial efficiency, citizen satisfaction, and economic productivity. The adoption of Alternative Dispute Resolution (ADR) mechanisms in Pakistan has the potential to transform the country’s legal landscape, unlocking a faster, more cost-effective, and amicable dispute resolution process. By embracing ADR, Pakistan can: Reduce court burden by up to 70%; Achieve settlement rates of 80-90%; Save the economy up to 2% of GDP; Enhance judicial efficiency and transparency; and increase citizen satisfaction and access to justice. To fully harness the benefits of ADR, Pakistan must: Establish a National ADR Council to oversee development and policy-making; Implement online ADR platforms for increased accessibility; Introduce ADR training in educational institutions to foster a culture of conflict resolution; Develop specialized ADR courts for streamlined processes; and encourage corporate ADR adoption for commercial disputes. By taking these steps, Pakistan can join the ranks of global leaders in ADR, revolutionizing its dispute resolution landscape and enhancing its economic and social development. The time for ADR in Pakistan is now – let us seize this opportunity to create a more just and efficient society for all. ADR mechanisms like mediation, arbitration, and conciliation offer a promising solution to reduce the burden on courts. Pakistan’s judicial system faces significant challenges, including a massive backlog of cases and lengthy trials. ADR can play a vital role in addressing these issues. The country has made strides in promoting ADR, with the establishment of the Alternate Dispute Resolution Council (ADRC) in 2019. However, more needs to be done to increase awareness and adoption of ADR mechanisms. Judicial performance metrics are essential in evaluating the effectiveness of ADR and identifying areas for improvement. Pakistan can learn from international best practices and invest in promoting ADR awareness, infrastructure, and training. By embracing ADR and focusing on judicial performance metrics, Pakistan can enhance judicial efficiency, transparency, and easy access to justice.