ISLAMABAD: Chief Justice of Pakistan(CJP) Justice Qazi Faez Isa and Chairman Law and Justice Commission of Pakistan has re-constituted the Alternative Dispute Resolution Committee (the ADR Committee) and Alternative Dispute Resolution Task Force (ADR Task Force).
It was aimed to ensure concerted and coordinated efforts for setting up and implementing the legal, structural and organizational framework of the Alternative Dispute Resolution (ADR) in Pakistan, says a press release by the secretary Law and Justice Commission of Pakistan.
The ADR Committee will comprise SC judge Justice Yahya Afridi as chairman while Justice Ayesha A Malik and Justice Shahid Waheed will be the members. The ADR Committee will be assisted by the ADR Task Force with its members including Justice Muhammad Hashim Khan Kakar, Chief Justice High Court of Balochistan; Justice Jawad Hassan, Judge Lahore High Court; Justice Yousaf Ali Sayeed, Judge High Court of Sindh; Justice Syed Muhammad Attique Shah, Judge Peshawar High Court; Justice Miangul Hassan Aurangzeb, Judge Islamabad High Court; Ms. Sadaf Khokhar, District and Sessions Judge/Member Inspection Team, High Court of Sindh; Ms. Uzma Farnaz, Additional District and Sessions Judge, Narowal; Ms. Shabana Mehsood, Additional District and Sessions Judge, Abbottabad; Shams Uddin Sarpara, Additional District and Sessions Judge, Quetta; and Ms. Sanam Bokhari, Civil Judge cum Magistrate, Islamabad.
Similarly, the attorney general for Pakistan, a representative of the Ministry of Law and Justice, Advocates General of the provinces and ICT, Muhammad Makhdoom Ali Khan, Feisal Hussain Naqvi and Mian Sami Uddin, senior advocates of Supreme Court, will be co-opted members, while Ms. Riffat Inam Butt, Secretary Law and Justice Commission of Pakistan, Islamabad will be member/secretary of the committee.
It was further stated that the ADR Committee’s purpose and mandate were to design and establish a legal, structural and organizational framework for the ADR in Pakistan. To achieve this goal, the ADR Task Force will operate under the supervision of ADR Committee and provide full support to promptly accomplish the objective of the ADR Committee.
It was further stated that the members of the ADR Task Force will be the core group, while co-opted members may be invited by the ADR Committee as needed. The functions of the ADR Committee to achieve its purpose may include, but are not limited to the following:
(i) Make recommendations to the respective governments to expedite the formulation and enactment of the subordinate legislation under their respective laws.
(ii) Review the existing legislation on the subject, address any inconsistencies, and propose alignment with best practices.
(iii) Develop and advocate for a commercial alternative dispute resolution (ADR) framework.
(iv) Ensure that the federal and provincial governments take necessary actions to promptly fulfil their obligations under the ADR laws.
This includes establishing ADR centres, appointing accreditation and certification authorities, and notifying panels of neutrals, mediators, conciliators, arbitrators, and experts. They should also address any other infrastructural and human resource needs.
(v) Recommend that the High Courts use the provisions of their respective ADR laws and mechanisms and establish necessary infrastructure where needed in their jurisdictions.
(vi) Arrange training sessions through the Federal Judicial Academy and the Provincial Judicial Academies in collaboration with LJCP on alternative dispute resolution (ADR) for judges, lawyers, experts, and other stakeholders.
(vii) Sensitize the Bar Councils and Bar Associations about ADR mechanisms, and also encourage and arrange training for lawyers.
(viii) Create awareness among the general public about the legislative and structural framework of ADR and its benefits. For this, LJCP will conduct workshops and other advocacy campaigns in collaboration with other stakeholders.
(ix) Coordinate and collaborate with local and international organizations working in the subject area for research, capacity building and training, data collection, awareness, and exchange study visits.
(x) Any other initiative required to meet the objectives of the ADR framework; and
It was further stated that for procedural purposes, the ADR Committee shall formulate such Standing Operating Procedures (SOPs) as it deems appropriate.
The committee has the authority to create sub-committees from the members of the Task Force for specific task. The ADR Committee has the authority to invite subject matter experts from both the government and private sector to participate in its functions.
The Chair of the ADR Committee shall preside over the meetings of the Committee & the ADR Task Force The High Courts and government departments shall ensure the execution and implementation of the decisions and directions of the ADR Committee.
The Secretariat of the Law and Justice Commission of Pakistan will be the point of contact and will provide necessary support and assistance to the ADR Committee for its functioning. It was stated that the ADR Committee shall submit a progress report to the Chief Justice of Pakistan/Chairman, Law and Justice Commission of Pakistan every three months.
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