Q FM Africa's Modern Radio
Chief Justice Ireen Mambilima says it is imperative to have timely and less costly dispute resolution mechanisms besides traditional court litigation as the nature of transactions between commercial entities and individuals are becoming more and more complex.
Speaking when she officiated at the Alternative Dispute Resolution Open Day in Lusaka, Justice Mambilima says not all disputes require court intervention considering that court cases take long to conclude causing congestion in the judicial system.
She notes that litigation being adversarial tends to be very acrimonious leaving litigants financially and emotionally bruised.
Justice Mambilima says the judiciary has recognized this deficiency and has revived court annexed mediation to decongest courts and speed up delivery of justice in an ongoing initiative that has been well received by both litigants and lawyers, however noting that more still needs to be done to expand the options for dispute resolution.
The Chief Justice states that it is globally accepted that Alternative Dispute Resolution mechanisms such as conciliation,adjudication,mediation and arbitration are effective and efficient in resolving disputes providing a more sustained and mutually beneficial resolution of conflicts through negotiation.
And renowned Alternative Dispute Resolution practitioner Lumbwe Bwalya says litigation and arbitration remain the most familiar and significant types of disputes resolution in formal and informal instances as they are both final and binding on the parties in dispute.
Mr Bwalya adds that despite arbitration and litigation being the most familiar, there are over 10 other forms of alternative dispute resolution mechanisms that are just as effective, citing adjudication which is known for its notion ‘pay now and argue later’ and is commonly used in the construction and engineering sectors.