In many cases, international best practices for including mediation and alternative dispute resolution (ADR) in the training of civil servants involve creating comprehensive and tailored programs that emphasise the importance of these methods in conflict resolution. These programmes often include theoretical and practical training, simulation exercises, and real case studies to help civil servants understand and effectively utilise mediation and ADR techniques.
Like, in India, the Central Academy of Administration and other federal and provincial academies offer training programs that incorporate ADR and mediation into the curriculum for civil servants. The emphasis is on building conflict resolution skills, negotiation techniques, and understanding the legal framework surrounding ADR. Whereas, in the UK, civil servants receive training on mediation and ADR as part of their professional development. The emphasis is placed on understanding the benefits of ADR, knowing when to use it, and how to effectively implement mediation as a means of resolving disputes. Thus, these international best practices highlight the importance of integrating mediation and ADR into the training of civil servants to promote effective conflict resolution and administrative decision-making.
Millions of rupees are being spent by the government on litigation for and against the government department but the pill is the Alternative dispute resolution (ADR) and mediation which can be very helpful tools for government servants to resolve problems in a timely and professional manner. Several benefits can be realised by Integrating mediation and ADR training as a regulatory component of civil servant training at federal and provincial academies, while bearing in mind the following aspects: -
I). Conflict Resolution Skills can be developed to effectively resolve disputes and conflicts that may arise in their professional capacities. This can contribute to reduced workplace tensions and improved productivity;
II). Utilising mediation and ADR would lead to cost savings compared to traditional litigation processes, as it can help resolve conflicts in a timely and cost-effective manner. Thus, Mediation and ADR offer a more cost-effective approach to dispute resolution compared to traditional litigation. By training civil servants in these techniques, the government can reduce the financial burden associated with prolonged legal battles and increase the efficiency of resolving disputes;
III). Civil servants who are trained in mediation and ADR can better serve the public by efficiently addressing citizen grievances and disputes, leading to improved public service delivery. Because, a well-trained civil service in mediation and ADR can lead to quicker resolution of different disputes without involving the cumbersome procedure of courts, reducing the time and resources spent on such lengthy legal proceedings. This efficiency translates to cost savings for the government and enhances the overall effectiveness of civil service operations.
IV). The Training civil servants in mediation and ADR can equip civil servants with the ability to make informed decisions and find mutually beneficial solutions in complex situations;
V). By resolving disputes outside of the traditional court system, civil servants can help reduce the backlog of cases in the legal system and this would be a great help to the judicial system which is downgraded internationally, thereby contributing to a more efficient judiciary. In other words, promoting the use of ADR methods, civil servants can help alleviate the burden on the traditional judiciary system, reducing the backlog of cases and allowing for a more efficient use of judicial resources.
VI). Effective mediation and ADR skills among civil servants can contribute to improved governance by promoting collaborative problem-solving and conflict resolution within government agencies. This, in turn, can lead to better decision-making, more productive interagency cooperation, and reduced inefficiencies.
VII). ADR and mediation training can create a more favourable environment for business and investment by providing a reliable mechanism for resolving commercial disputes. This stability can attract foreign investment and stimulate economic growth, ultimately benefiting the country’s financial well-being.
In nutshell, making mediation and ADR training a regulatory component of civil servant training in Pakistan can bring about and lead to improved conflict resolution, cost savings, enhanced public service delivery, improved decision-making, and reduced backlog in the legal system. These benefits would contribute to the overall financial health and stability of the country.
Raja Saim Ul Haq Satti, Practicing corporate lawyer at Supreme Court of Pakistan