RECORDER REPORT

ISLAMABAD: Senate Standing Committee on Law and Justice Wednesday discussed 'The Alternate Dispute Resolution Act, 2017', seeking out-of-court settlements through arbitrators appointed by trial courts with the consent of parties, and decided to further discuss it in the next meeting.

The committee which met with Senator Muhammad Javed Abbasi in the chair reviewed 'The Alternate Dispute Resolution Act, 2017' in detail along with representatives of Islamabad Bar Council, Islamabad Bar Association and Islamabad High Court Association.

Minister for Law and Justice Zahid Hamid and Senator Farooq Hamid Naek exchanges harsh words during the meeting. Naek said to Hamid, "You want to implement Jirga system in the country through this bill." There is a clear verdict of Supreme Court of Pakistan about the Jirga System, he clarified.

"We do not want to implement Jirga System and I think you did not read the bill," the minister replied to Naek, adding that Jirga system and Panchayat have been removed from the draft of the bill.

Hamid said to Naek, "You had remained minister for law and justice therefore there is need to educate you on the subject." "I understand law, therefore, there is no need to educate me," Naek asked Hamid.

Hamid said that there is a huge backlog of cases in both subordinate and superior courts of the country and the alternate dispute resolution (ADR) can be used as an effective mechanism for settlement of disputes to overcome delays, provide inexpensive justice and reduce tremendous burden on the courts.

Naek further said that the draft bill is very important but it needs amendment, therefore, it should be deferred for further discussion.

President Islamabad Bar Council said that alternate dispute resolution is effective in many countries including Pakistan but there is mechanism in Pakistan for refereeing cases. The mechanism to refer cases has been included in 'The Alternate Dispute Resolution Act 2017.'

He said that this bill will further improve the judicial system and decrease burden of cases on court.

President Islamabad High Court Bar Association said that retired civil servants should not be included in the ADR panel.

According to the statement of objects and reasons of the bill, there is a maxim of law that "justice delayed is justice denied." This maxim holds goods both in civil and criminal cases. In every civilised society there have been constant efforts to evolve ways and means for speedy dispensation of justice.

There is a huge backlog of cases in both subordinate and superior courts of the country. It is, therefore, necessary to find simpler and faster alternates which can supplement the traditional legal system. As litigation is a very lengthy and expensive process, there is a worldwide trend to adopt alternate dispute resolution.