Informal Resolution of Disputes (IRD)–Helping parties to help themselves

By Syed M. Ilyas
The concept of Informal Resolution of Disputes (IRD) is similar in many ways to the centuries old Jirga/Panchayat system where local elders resolved complaints through the force of moral character, social influence or conventional wisdom. The traditional system has since given way to formal dispute handling processes, the efforts of the common man to claim relief get frustrated due to their inability to hire services of advocates for filing petitions in the court of law and facing lengthy legal procedures. Hence, the system of Informal Resolution of Disputes (IRD) adopted by the Office of Wafaqi Mohtasib (Ombudsman) responds to the dire need for resolving public complaints efficiently at the grassroots level.
The IRD is the least expensive and hassle free mechanism. It draws its strength from the system of Alternative Dispute Resolution (ADR), which has existed and evolved alongwith the formal judicial system in most parts of the world. It was launched by Wafaqi Mohtasib, Mr. Ejaz Ahmad Qureshi in April 2022, its SOPs were developed and the Investigating Officers were accordingly advised to ensure that only those cases are accepted where the parties concerned give their consent for the informal resolution of their disputes.
Article 33 of the President’s Order No.1 of 1983 on the establishment of the Office of Wafaqi Mohtasib (Ombudsman) Pakistan, provides for resolution of the disputes of the citizens through mediation and conciliation without the necessity of following the rigorous officials procedures or issuing any formal notices. It reads as follows:
“Notwithstanding anything contained in this Order, the Mohtasib and a member of the staff shall have the authority to informally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance without written memorandum and without the necessity of docketing any complaint or issuing any official notice.”
This mechanism involved resolution rather than decision whereby parties are persuaded to come to an understanding leading to the dispute resolution. Hence this provision not only widens the ambit of the Ombudsman’s activities but also provides definite means for settlement of disputes through conciliatory proceedings to the mutual satisfaction of parties involved therein. Hence it constitutes a win-win situation for all.
Accordingly, a team of Senior Officers of the Wafaqi Mohtasib Secretariat prepared the modalities and procedures for implementation of the IRD. The scope of the IRD is extended to the complaints which do not normally fall within the jurisdiction of the Wafaqi Mohtasib. These complaints are processed under Regulation 5(2) of the Wafaqi Mohtasib Investigation and Disposal of Complaints Regulations 2013, with the consent of the parties concerned.
Pakistan’s unique experience with IRD was later shared at the international level as well. A Webinar was organized in June 2023 at the Wafaqi Mohtasib Secretariat with a view to sharing Pakistan’s experience from the platform of the Asian Ombudsman Association (AOA). The Federal Ombudsman, Mr. Ejaz Ahmad Qureshi highlighted the salient features of the IRD system in administering free and expeditious justice to the people through mediation and conciliation. He said that the country remained ready to share its expertise and best practices on subjects of professional interests with the members. It was attended by over 70 participants representing ombudsman institutions from within the country and in the Asian region. The event helped a great deal in promoting awareness about IRD and Pakistan’s experience in introducing it as a viable means for amicable settlement of disputes.
The guiding principles of the Wafaqi Mohtasib’s Office in resolution of disputes with the consent of all parties under the IRD include independence, neutrality, impartiality, confidentiality and informality. Neither solutions are imposed nor decisions are enforced. Everything is done in a gentle and persuasive manner. The outcome of the process is controlled by the parties to the disputes and the communications remain confidential. The parties are encouraged to explain their points of view either separately or in a joint interactive session. Both sides are provided possible options for the solution of the issue which helps them to arrive at an amicable agreement.
The Wafaqi Mohtasib’s institution has so far processed a large number of complaints under the IRD mechanism including those relating to the banking sector, insurance companies, District Accounts Offices and provincial as well as private sector organizations. A wide range of subject matters including pension issues, death claim cases, payment of emoluments to the widows of employees died during service, delay in opening of bank accounts, settlement of loans etc., in addition to the CNIC and Passport cases have been dealt with by the designated Investigating Officers.
The popularity of the IRD mechanism can be gauged from the growing number of cases being resolved through this method. In the year 2022 when it was first launched, 1,114 cases were resolved by this method, which rose to 2,112 in 2023, whereas during the current year 2024 during the last nine months, as many as 5,451 cases have been decided through this method. As the mechanism gained maturity, a dedicated IRD module has been developed and these cases are processed through the Complaint Management Information System (CMIS). This has introduced greater efficiency and ease in the digital processing of cases whereby the parties remain fully aware of the status of their complaints.
This mode of dispute resolution is particularly useful for the rural and backward areas of the country where the people have neither resources nor enough literacy to seek justice through formal means. Its beauty lies in the fact that it is least expensive or time consuming. In most cases, it yields immediate results to the satisfaction of the parties concerned. The Informal Resolution of Disputes (IRD) mechanism, therefore, holds a great promise for the future.