ISLAMABAD: The government of Pakistan has prepared the third draft bill to introduce the Panchayat and Alternative Dispute Resolution (ADR) system in the country for the settlement of civil and criminal disputes within a period of 30 to 45 days.
After getting a nod from the prime minister and the cabinet, the draft bill will be sent to all the provincial governments, the judiciary and the public for consensus and smooth implementation.
The draft bill aims to provide a solution to civil litigation as well as compoundable offences. The proposed law envisages the involvement of high courts in the working of this system.
It would be mandatory to refer all civil matters, including commercial, family, trade, insurance and revenue-related issues, to the ADR or Panchayat for arbitration by a panel of “neutrals”.
The government, after consultation with the High Court, shall maintain a panel of neutrals for each province and each district from amongst lawyers, retired judges of superior and subordinate judiciary, retired civil servants, social workers, Ulema, jurists, technocrats and experts and other persons of repute and integrity having the required qualifications and experience.
Under the proposed law, the government would not be able to remove a neutral once he is seized of the matter referred to him unless both the parties agree to his replacement or for any other reason(s) to be recorded in writing.
Once the court receives a case, it will direct the parties to appear before the neutral or Panchayat, as the case may be, on the date and time fixed by the court.
If either of the parties applies to the court or the ADR Centre for resolution of their pending dispute through the ADR, the court or ADR Centre shall serve a notice on the defendant or respondent, as the case may be, and on his appearance refer the matter to a neutral from the panel.
The parties to the dispute shall take part in the ADR proceedings in person or through an authorised representative duly empowered in writing attested by the oath commissioner.
A neutral appointed by the court or an ADR Centre for conciliation, evaluation or mediation shall try to resolve the dispute within a period of 30 days extendable by the court for sufficient cause for a period of 15 days.
INTERNEWS
