Former SC judge Mansoor Ali Shah argues in favor of alternative dispute resolution
Police officers walk past the Supreme Court of Pakistan building in Islamabad, Pakistan April 6, 2022. REUTERS
LAHORE:
Former Supreme Court Justice Syed Mansoor Ali Shah on Saturday stressed the importance of alternative dispute resolution (ADR), calling it the “future of Pakistan’s legal system” and a viable solution to the country’s growing backlog of cases.
Speaking at an ADR conference, Judge Shah said that ADR is actually an older and more traditional system than formal courts, rooted in community-based dispute resolution.
“Before the formal legal system, disputes were resolved through conciliation and community mechanisms, but with time this culture has faded,” he noted.
He highlighted the magnitude of the challenge, noting that more than two million cases are currently pending in Pakistan’s courts. “If ADR is effectively implemented and promoted, a significant proportion of these cases can be resolved out of court,” he said. He said thousands of cases, especially those related to family and property matters, do not necessarily require litigation and can be settled through mediation centers.
“Not every dispute needs to go to court. Many can and should be resolved through dialogue and reconciliation,” he added. Justice Shah emphasized the need to change society’s attitudes towards disputes.
“We need to develop a culture where dialogue, not conflict, is seen as the primary solution. Litigation should be the last resort, not the first,” he said.
He added that in some cultures, including China, a lawsuit is considered a failure in the relationship, and efforts are made to resolve disputes without going to court. He also criticized the growing trend of seeking judicial stays in individual cases and called for an end to such practices. “The state should make it mandatory to attempt conciliation before litigation,” he suggested.
Referring to the role of legal professionals, he said lawyers also have a responsibility to promote ATB mechanisms instead of encouraging protracted litigation for financial gain. “We need to get away from the mindset that more cases mean more income,” he said.
Justice Shah noted that Pakistan has about 3,000 judges for a population of 250 million, making it impossible for the courts alone to handle the growing caseload. “As many cases are settled, as many new ones are filed,” he said, stressing the need for systemic change.
Drawing on religious and cultural references, he said Islam promotes reconciliation and peaceful resolution of disputes. “Our Holy Prophet (PBUH) set examples of resolving conflicts through dialogue and mediation,” he added.
To share his experience, Justice Shah said during his tenure, ADR centers were established in every district and judges were trained to prioritize conciliation. “Judges were instructed to first attempt mediation before proceeding with formal litigation,” he said.
He emphasized that behind every case are real human stories – families, children and livelihoods – and resolving disputes effectively through ADR would not only ease the burden on the courts but also strengthen social harmony.
