Mediation In
Gilgit, Gilgit-Baltistan

State Laws

Gilgit-Baltistan operates under the Government of Gilgit-Baltistan Order 2018, which provides the legal framework for the region. The Gilgit-Baltistan Chief Court acts as the court of appeals and has jurisdiction to decide legal matters under Articles 86, 87, 88, 90, 91, 92 and 93 of the Order. The court has equal status as other high courts of Pakistan. The region has a separate judicial system from the main Pakistani system. In 2023, the Gilgit Baltistan Mediation Bill was presented to the GB Cabinet and Legislative Assembly, representing the first standalone legislative instrument mandating mediation in Pakistan. The bill includes best practices from provincial laws across Pakistan and global legislation.

Court-Mandated Programs

The Gilgit Baltistan Mediation Bill 2023, if passed as law, will allow parties to settle disputes through mediation in a completely confidential manner and file settlement agreements in respective courts against which court decrees will be issued. The bill received overwhelming support from Legislative Assembly members who vowed to table it for debate at the earliest. The Honourable Chief Judge has committed to providing space within the chief court to Musaliha International Centre for Arbitration and Dispute Resolution in Gilgit and Skardu and to recognise MICADR as a court-recognised ADR Centre. The region already has an indigenous informal dispute resolution system wherein most disputants prefer settling disputes through out-of-court settlement mechanisms.

Licensing Requirements

The Gilgit Baltistan Mediation Bill 2023 emphasises the need to train mediators to accomplish the objectives of the proposed law so that implementation can reap results immediately after promulgation. Justice retired Arif Hussain Khilji stressed the importance of mediator training. The bill provides ample space for the legal fraternity to participate actively in the mediation process while maintaining the sanctity of non-decision-based customary dispute resolution forums. Specific accreditation requirements for mediators will be established under the rules to be framed once the legislation is enacted. MICADR provides nationally and internationally accredited mediators who can serve the region.

Local Court Systems

Gilgit-Baltistan has a hierarchical court system with the Gilgit-Baltistan Chief Court as the court of appeals. Decisions of the Chief Court are appealed to the Supreme Appellate Court Gilgit-Baltistan. The Permanent Seat of the Court is at Gilgit, but the Court also sits from time to time at the Skardu Branch Registry. The region is administratively divided into three divisions comprising ten districts and thirty-four tehsils. The subordinate judiciary includes District and Sessions Judges across the districts. The UNDP has been building capacity of the Gilgit Baltistan judiciary through human rights and rule of law trainings under the Amn-o-Insaf Programmeme.

Legal Framework

Mediation in Pakistan follows the Alternative Dispute Resolution Act 2017, which provides comprehensive procedures for mediation, arbitration, and conciliation. Research indicates that in 2026, the federal government may have enacted the Alternative Dispute Resolution (Amendment) Act, 2026, introducing significant reforms by making ADR mandatory for specified categories of disputes. A new Section 3A was reportedly inserted, making it compulsory for courts to refer all matters listed in Schedule-II to ADR, marking a major departure from the previous discretionary framework. Schedule-II contains civil, commercial, financial, and family-related matters considered suitable for settlement outside court. Section 25A grants the federal government authority to amend the schedules in consultation with the Islamabad High Court through official notification. Research indicates that the Income Tax Ordinance (Third Amendment) Act, 2026 may have substituted the ADR scheme at section 134A, streamlining the ADR mechanism for tax disputes with changes to committee composition, timeline extended from 60 to 90 days, and new appeal rights for state-owned entities. Verify these 2026 amendments against official Pakistani legislation databases. Several provinces have enacted their own ADR statutes: Punjab ADR Act 2019, Khyber Pakhtunkhwa ADR Act 2020, and Balochistan ADR Act 2022. The Family Courts Act 1964 requires judges to attempt reconciliation in family disputes. Pakistan signed the Singapore Convention on Mediation on 17 December 2024, becoming the 58th signatory.

While Pakistan operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

The 2026 ADR Amendment Act fundamentally changes the court-ADR relationship by making ADR mandatory for disputes listed in Schedule-II rather than discretionary. Courts are now legally bound to initiate ADR before proceeding with formal litigation for civil, commercial, financial, and family-related matters. The Income Tax Ordinance (Third Amendment) Act 2026 embeds ADR within the judicial process by empowering the Federal Constitutional Court, Supreme Court, or High Court to refer pending tax disputes to the Board for resolution through an ADR Committee, either on their own motion or upon application. For SOEs not wholly owned by the federal government, pending High Court petitions abate but they have a right of appeal to the Federal Constitutional Court or Supreme Court within sixty days. The Supreme Court has consistently emphasized a pro-ADR approach, holding that courts should encourage arbitration and mediation to alleviate the overburdened judicial system. On 6 May 2025, the Supreme Court issued a directive emphasizing a pro-mediation bias and establishing mediation as the first resort in litigation. The judiciary has 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.

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.