'Litigation should be the last resort'

Former Supreme Court judge Syed Mansoor Ali Shah on Saturday underscored the importance of Alternative Dispute Resolution (ADR), calling it the "future of Pakistan's judicial system" and a viable solution to the country's mounting case backlog. Addressing an ADR conference, Justice Shah said ADR is in fact an older and more traditional system than formal courts, rooted in community-based dispute resolution. "Before the formal judicial system, disputes were resolved through reconciliation and community mechanisms, but over time this culture has faded," he observed. Highlighting the scale of the challenge, he noted that more than two million cases are currently pending in Pakistan's courts. "If ADR is effectively implemented and promoted, a significant portion of these cases can be resolved outside courts," he said. He said thousands of cases, particularly those related to family and property matters, do not necessarily require litigation and could be settled through mediation centres. "Not every dispute needs to go to court. Many can and should be resolved through dialogue and reconciliation," he added. Justice Shah stressed the need to change societal attitudes towards disputes. "We must develop a culture where dialogue, not conflict, is seen as the primary solution. Litigation should be the last resort, not the first," he said. He added that in some cultures, including China, a legal case is viewed as a failure of relationships, and efforts are made to resolve disputes without going to court. He also criticised the growing tendency of seeking court stays in individual cases, calling for an end to such practices. "The state should make it mandatory to attempt reconciliation before litigation," he suggested. Referring to the role of legal professionals, he said lawyers also have a responsibility to promote ADR mechanisms rather than encouraging prolonged litigation for financial gain. "We need to move away from the mindset that more cases mean more income," he said. Justice Shah noted that Pakistan has around 3,000 judges for a population of 250 million, making it impossible for courts alone to handle the growing caseload. "As many cases are decided, just as many new ones are filed," he said, stressing the need for systemic change. Drawing on religious and cultural references, he said Islam promotes reconciliation and peaceful resolution of disputes. "Our Holy Prophet (PBUH) set examples of resolving conflicts through dialogue and mediation," he added. Sharing his experience, Justice Shah said during his tenure, ADR centres were established in every district and judges were trained to prioritise reconciliation. "Judges were instructed to first attempt mediation before proceeding with formal litigation," he said. He emphasised that behind every case are real human stories—families, children, and livelihoods—and resolving disputes efficiently through ADR would not only ease the burden on courts but also strengthen social harmony.