The Olive Branch Company

Mediation in Pakistan

Professional mediation services across Pakistan. We work remotely with clients throughout the country, providing expert guidance for conflict resolution with clarity, compassion and integrity.

Quick Facts

  • Legal Framework: Mediation in Pakistan follows the Alternative Dispute Resolution Act 2017, which provides comprehensive procedures for mediation, arbitration, and conciliation. Under this Act, courts can refer civil ...
  • Cultural Approach: Pakistan has a strong tradition of consensual dispute resolution through community mechanisms including jirga, panchayat, and community elders. These traditional practices demonstrate that consensual ...
  • Typical Costs: Mediation costs in Pakistan vary by institution and case complexity. Court-annexed mediation through the ADR Act 2017 is generally low-cost as part of court proceedings. Private mediation through inst...

Mediation Research

Legal Framework

Mediation in Pakistan follows the Alternative Dispute Resolution Act 2017, which provides comprehensive procedures for mediation, arbitration, and conciliation. Under this Act, courts can refer civil disputes to ADR centres or panels of accredited mediators, with mediation proceedings typically completed within 30 days, extendable by another 15 days. Settlement agreements reached through mediation may be submitted to court for a formal decree, making them enforceable. Several provinces have enacted their own ADR statutes: Punjab ADR Act 2019, Khyber Pakhtunkhwa ADR Act 2020, and Balochistan ADR Act 2022, empowering courts to refer cases for mediation at district level. The Family Courts Act 1964 requires judges to attempt reconciliation in family disputes. The Companies Act 2017 (Sections 6, 276, 277) has been interpreted to enable consensual restructuring through mediation. The Khyber Pakhtunkhwa Police Act 2017 provides for Dispute Resolution Councils (DRCs) at police stations. The ADR Mediation Accreditation (Eligibility) Rules 2023 regulate mediator training and certification, and Mediation Practice Direction (Civil) Rules 2023 strengthen procedural consistency.

Court System

Courts actively promote and facilitate mediation through various mechanisms. The Supreme Court has been instrumental in legitimizing mediation as an effective dispute resolution mechanism. In Kauser Rana Resources v. Qatar Lubricants Company, the Supreme Court emphasised a pro-ADR approach, holding that courts should encourage arbitration and mediation to alleviate the overburdened judicial system. In Muhammad Naseer Butt v. Additional District Judge, the Supreme Court referred a long-pending family dispute to mediation, resulting in successful resolution within weeks. The Lahore High Court has reinforced mediation's role in commercial and corporate disputes. Courts can adjourn proceedings to allow mediation. The judiciary has repeatedly urged judges and lawyers to identify disputes suitable for mediation at earliest stages, calling for a cultural shift toward mediation as a first option rather than last resort. The Supreme Court has stressed that disputes involving children should be addressed through collaborative mediation processes.

Mediator Regulations

Mediator accreditation in Pakistan is regulated by the ADR Mediation Accreditation (Eligibility) Rules 2023, which establish training and certification requirements nationwide. The Pakistan Mediators Association (PMA) has an IMI Certified Mediator Training Programme approved in August 2020, delivering courses in both English and Urdu. MICADR maintains a panel of nationally and internationally accredited mediators and arbitrators, including former High Court and Supreme Court judges. The Mediation Practice Direction (Civil) Rules 2023 provide procedural consistency for court referred mediation. Continuing professional development is encouraged through advanced training programmes. Accredited mediators must meet established competency standards to serve on court panels and in private practice. The certification system ensures quality standards for mediators across federal and provincial jurisdictions.

Cultural Approach

Pakistan has a strong tradition of consensual dispute resolution through community mechanisms including jirga, panchayat, and community elders. These traditional practices demonstrate that consensual dispute resolution is not unknown in Pakistani culture. The concept of musaalihat (reproaching or conciliation) in Urdu and maslaha in Arabic, which defines the basis of law in accordance with Islamic jurisprudence, underpins modern mediation practice. Islamic principles emphasise reconciliation and maintaining relationships. The cultural preference for harmony and community consensus supports mediation's collaborative nature. However, there is an important distinction between customary practices and professional mediation, which is underpinned by neutrality, voluntariness of outcome, procedural justice, and enforceability. The Supreme Court has recognised mediation as a dignified and culturally attuned process.

Typical Costs

Mediation costs in Pakistan vary by institution and case complexity. Court-annexed mediation through the ADR Act 2017 is generally low-cost as part of court proceedings. Private mediation through institutions like MICADR and IBA-ADRIC charges fees based on case complexity and mediator expertise. The IBA-ADRC has a structured fee schedule covering mediator attendance for up to 8 hours, with additional fees for extended sessions. MICADR operates on a fee-for-service basis. Police station Dispute Resolution Councils (DRCs) provide free mediation for minor conflicts. Costs are typically shared between parties unless otherwise agreed. The cost savings compared to litigation are significant, with mediation typically resolving disputes in weeks rather than years. The economic advantages of mediation include substantial savings in legal costs and time for Pakistani businesses.

Note: These are typical market costs based on our research. The Olive Branch provides custom quotes based on your specific situation. Contact us to discuss your needs.

Sources

States and Regions

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Every dispute is personal and complex. We are here to provide the neutral space and expert guidance you need to find a lasting resolution in Pakistan.

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