IHC launches mediation center; LHC orders mediation in a case

ISLAMABAD: In a groundbreaking development, the Islamabad High Court (IHC) has officially launched a mediation center, dedicated to Alternate Dispute Resolution (ADR). This innovative forum aims not only to alleviate the backlog of 18,500 cases in the IHC and a staggering 52,000 cases in the district courts but also to deliver prompt and cost-effective justice to litigants.

The inaugural ceremony took place at the historic premises of the IHC in Sector G-10, featuring prominent figures in the legal arena.

Among the attendees were Justice Ijazul Ahsan of the Supreme Court, IHC Chief Justice Justice Aamer Farooq, IHC Senior Puisne Judge Mohsin Akhtar Kayani, Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangiri, Justice Sardar Ejaz Ishaq Khan, along with district judiciary judges and legal professionals.

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Addressing the gathering, retired Justice Khilji Arif Hassan, the chief legal adviser of the Legal Aid Society, highlighted the significance of mediation, emphasizing its role in “sharing the burden of judicial matters and resolving disputes amicably.” He pointed out that the IHC’s newly established mediation center could expedite dispute resolution in a cost-effective manner, particularly in family matters, inheritance, and partnership disputes.

Justice Aamer Farooq, Chief Justice of the IHC, acknowledged the court’s efforts in training 60 mediators and establishing rules for the mediation process. However, he stressed the importance of a mindset shift, noting that while the global trend is moving towards ADR, Pakistan continues to adhere to conventional adjudication methods. Justice Farooq underlined the need to dispel misconceptions about the legitimacy and effectiveness of mediation, asserting that it is on par with the judicial system, offering a less time-consuming and inexpensive alternative.

Expressing optimism about reducing the backlog, Justice Farooq emphasised the importance of encouraging litigants to opt for mediation. He also revealed plans for a mediation center in the upcoming new building of the IHC.

IHC Justice Sardar Ejaz Ishaq Khan disclosed that, in addition to legal practitioners, nine civil judges have undergone training as mediators. He highlighted that the judiciary is now obligated to refer cases for mediation, signaling a significant shift in approach.

Simultaneously, the Rawalpindi bench of the Lahore High Court (LHC) delivered a landmark judgment on Tuesday, focusing on the “doctrine of expeditious resolution” of corporate disputes through mediation. The judgment, authored by Justice Jawad Hassan, elucidated the methodology for settling commercial disputes through alternative dispute resolution (ADR), further emphasizing the growing recognition of such mechanisms in the legal landscape.