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Cost-effective ADR mediation mechanism to
attract more investors
By Asad Cheema
ISLAMABAD—The Senior legal advisor of the World Bank Peter Kyle met
Federal Minister for Law, Justice and Human Rights Wasi Zafar to review
the progress of the Alternative Dispute Resolution mediation project.
Kyle said that the international Finance Corporation is quite ahead with
the project and has already signed a Memorandum of Understanding on
November 123 with Sindh High Court. He appreciated the cooperation and
efforts of Law Ministry to promote and institutionalize the process of
mediation in Pakistan and said that once the mediation centres are in
place, their positive impact on Pakistan's judicial system would serve
as an example for other countries where heavy commercial litigation is
causing huge backlog of court cases.
The MoU signed between the Ministry and IFC in this regard has committed
them both to set up the ADR mediation centre in the country, its pilot
project at Karachi will soon be functional. This is the outcome of the
untiring efforts of the Ministry and IFC, the Ministry and IFC
interacted at every level during the past 1 year to introduce and
incorporate the mediation mechanism in Pakistan.
Commercial disputes settlement in Pakistan has created a huge backlog in
court cases, this has been recognized by the Ministry and as an
essential part of the on-going judicial reforms process the mediation
mechanism is initiated to introduce in the country, "speedy" and "cost
effective" resolution of court referred disputes.
Ay the first step the ministry provided infrastructure and related
support to IFC for the project, and is now preparing legal framework to
incorporate and enhance the mediation process in the normal judicial
practice, after drafting and vetting of the required law the next step
would be physical setup of the medication center by the IFC which is
going to be in consultation with the Ministry, courts and stakeholders.
The Ministry and IFC agreed upon certain steps to ensure that once in
place the mediation mechanism does not become redundant, for this the
Ministry laid stress on raising awareness among the stakeholders to
resolve to mediation in commercial cases which should be encouraged as
an accepted legal practice in Pakistan. |