On 29th August 2023, Adil Aziz Qazi, Islamabad Bar Council Member, Chairman Human Rights, Inter-provisional & Legal Aid Committee, was invited as a guest speaker on the radio show “Dialogue with the Experts” hosted by Mr. Zaildar Ahsan Shah, on FM 101, Radio Pakistan.
Numerous topics were explored during the discussion, including educational backgrounds, distinctions between arbitration and mediation, their legal differences and relative merits in Pakistan, the roles of the bar council and association, and the Advocate General’s responsibilities within the bar council.
Mr. Adil Aziz initiated the conversation by sharing his educational journey, beginning with his early education in his hometown and progressing to his secondary education at Punjab College of Commerce. He elaborated on his academic path, which led him to obtain degrees in ICom, BCom, and LLB. He emphasized the challenges lawyers face, especially during the initial 4 to 5 years when they strive to establish their professional reputation. Mr. Aziz’s career trajectory took a significant turn when he was granted the license to practice in the Supreme Court in 2016, a remarkable achievement at the age of 34. Subsequently, with 15 years of legal experience under his belt, he successfully ran for the Bar Council Election and emerged as a victor.
Continuing the discussion, Mr. Adil Aziz emphasized that the practice of law extends far beyond district courts, offering numerous avenues for legal professionals. He stressed the importance of choosing a specialization or field of law in which one is confident and capable of succeeding. Moreover, he highlighted the significance of networking and seeking assistance from colleagues within the legal community, as lawyers, like anyone else, requires a supportive network throughout their careers.
Ahead of the discussion, he explained the difference about mediation and arbitration law in Pakistan. Arbitration is a dispute resolution approach that entails the involvement of one or more impartial third parties, typically chosen by mutual consent of the disputing parties, and their verdict is legally binding. Mediation, on the other hand, is a non-binding dispute resolution method that incorporates a neutral third party. This mediator strives to facilitate a mutually acceptable resolution between the conflicting parties.
Alternative dispute resolution (ADR), such as arbitration, offers a means of settling disputes outside the courtroom, and it holds particular significance in family law cases, especially for resolving disagreements between spouses. In Pakistan, family law mandates the establishment of an arbitration council to mediate disputes between married couples, as outlined in section 7(4) of the Muslim Family Law Ordinance of 1961. Similarly, section 10(3) of the West Pakistan Family Court Act of 1964 underscores the court’s responsibility to facilitate reconciliation between husbands and wives.
Family arbitration finds its basis in both the Quran and Sunnah, with explicit mention of spousal arbitration in Quranic verse No. 35 of Surah An-Nisa. In arbitration proceedings, a comprehensive record is maintained, documenting the entire process. In contrast, mediation proceedings are generally not recorded, except for the final agreement reached. If the two parties in mediation are unable to achieve reconciliation, the case is returned to the court, and the legal process resumes from the point at which it was paused.
Mr. Adil Aziz elucidated the pivotal role of the Bar Council, which was established in 2015, outlining its core functions centred on the regulation of the legal profession, licensing procedures, and the enforcement of disciplinary measures. These functions are carried out through a range of committees, including the statutory committee, executive committee, legal advisory committee, and disciplinary committee. In 2018, a significant legal requirement was introduced mandating that lawyers must successfully complete the Law Graduate Assessment Test (Law GAT) and fulfill a two-week “Bar Occasional Course” as prerequisites for obtaining a license to practice. Consequently, the Bar Council serves as the authoritative body, while the Bar Association complements its efforts by managing day-to-day operations and activities.
In the concluding remarks of the conversation, Mr. Adil Aziz underscored the significance of strong work ethics and acknowledged that every environment includes individuals with varying degrees of honesty. He emphasized the idea that everyone should approach their work as if it’s their personal responsibility to contribute to economic improvement.
Following this, Mr. Zaildar Ahsan Shah expressed gratitude to the esteemed guest for dedicating time to the show. He conveyed a vital message to the audience, emphasizing that instead of placing blame on specific organizations or institutions, it is imperative to cease finger-pointing and collectively strive toward a common objective: the development of the economy.