In the present era, various models are being used for the resolution of disputes including, conciliation, negotiation, mediation and arbitration. The most celebrated of all is arbitration. Here in Pakistan, the concept of arbitration is practiced in its various local forms, such as panchayat, jirga, masalihat committee etc, but this is unfortunate to highlight that where all the modes are available for the resolution of disputes, the trust on litigation is much higher. The tendency of filing lawsuits against the opponents is increasing day by day. This practice of filing suits not only has increased burden on the local courts but has also created a bad image among the world community. The impact of litigation and a large number of pending suits would be disastrous and we will lose the trust of the international community as well.
Thus, it is high time to inculcate the sense of using the model of ADR for the resolution of disputes among the parties and in order to curtail the number of pending litigation. The prime responsibility lies with the presiding officer of a court to guide and refer the matters for arbitration in limine stages. The parties to litigation shall also be aware about the cost effectiveness of arbitration proceedings, time saving, less hassle and also the maintenance of privacy.
Initially this process can effectively be implemented at the family courts, small causes courts and very effectively in the commercial disputes before the Court. Although the Muslim Family Law has provided for an opportunity of arbitration between the parties at litigation but unluckily the parties circumvent it very easily and the consequences are dire which results in burden on the Courts.
In the present times arbitration proceedings have become very easy and effective due to its informal enterprises. Proceedings undertaken by ad hoc arbitration are far more cost effective than the institutional arbitration. However, institutional arbitration too has its strong foundations in commercial disputes among the parties at national and international levels. The thing needed is the awareness of the benefits of it and the implementation and practice of any of the forms of alternative dispute resolution whether conciliation, mediation, negotiation or arbitration.
The writer is Advocate High Court
