LAHORE: Litigants in Punjab are experiencing a new kind of court. The judge has no traditional robe while the litigant parties do not need to engage lawyers. During the proceedings, when litigants put up arguments on their own, the judge does not demand the traditional order. Instead, a litigant is allowed to take water and even both parties sip tea while pleading their points.

Swift and friendly, Alternate Dispute Resolution (ADR) centres have been dispensing justice to litigants through mediators in Punjab districts since April last.The centres work like neighbourhood councils or punchayat but with a legal cover under the ADR Bill, passed by the National Assembly on Feb 3.

The law gives a legal and constitutional cover to centuries-old jirga and panchayat systems in the country ensuring speedy redressal of petty civil matters and reducing backlog in traditional courts.

Statistics available with Dawn states ADR centres received 4,506 cases in last three months and 22 days in the province. Of them, 2,976 cases were mediated successfully.In Lahore alone, 207 cases, of 345 cases, transferred to these centers have been settled in the last three months.

One such settled case is of Malik Shehzad Ahmed, of Thokar Niaz Beg. He had approached the sessions court for the release of his wife from the illegal custody of a private hospital’s administration.

He says he admitted his wife to the hospital for a surgery. The hospital administration and a surgeon initially agreed to charge him Rs100,000 for his wife’s treatment. The administration later handed him a bill of Rs358,058. As Mr Ahmed refused to pay the amount, the hospital did not let his wife leave the premises. A court bailiff rescued the woman. The court transferred the case to the ADR centre which settled the case just in two meetings. Both sides accepted the verdict.

The ADR is empowered to settle 23 types of civil and criminal disputes (only those criminal disputes which are already compoundable in existing laws). The offences include: disputes between the landlord and the tenant, pre-emption cases, land and property, civil matters under the Small Claims and Minor Offences Court Ordinance, 2002, commercial right or interest arising out of trade and commerce, contractual cases, professional negligence, family suits for specific performance, companies and banking matters, insurance, negotiable instruments, personal injury, compensation and damages suits, patent trademark and copyright issues, canal and drainage law, disputes for the recovery of movable property, disputes for redemption of mortgage property, disputes for redemption of accounts of joint property, and other matters under the law not falling in the schedule but agreed to by the parties for settlement under this bill.

ADR centres started working in the city from April 13, 2017.

ADR center-II mediator Imran Nazir told Dawn that the centers were established to provide an option to public to get their disputes resolved without going into litigation. “Initially, ADR centre are receiving references from traditional courts but public can also directly approach them for the resolution of their disputes,” he said.

He said ADR centre judge meet both parties and settle the matters through discussion in a friendly manner.

“We only carry out sessions of both parties separately and discuss different options for resolving the disputes. We do not decide the cases like judges but try to reach mediation between them,” he said.

Mr Nazir said that ADR judges were trained about mediation process.

The mediation by the ADR centre has resolved the dowry issue of Munazza Rehman. She filed a suit against her husband for the recovery of dower and maintenance allowance. The case was transferred to the ADR centre where both parties reached a compromise in a couple of meetings. Both parties are abiding the decision, made by themselves.

Published in Dawn, September 30th, 2017