The Olive Branch Company

Mediation in Gilgit, Gilgit-Baltistan

Professional mediation services in Gilgit. We work remotely with clients across the city and region, providing expert guidance for conflict resolution with clarity, compassion and integrity.

The Olive Branch in Gilgit

The Olive Branch provides professional mediation services to clients in Gilgit and throughout Gilgit-Baltistan in a region home to approximately 217 thousand . Our experienced mediators work remotely to help you resolve disputes efficiently and effectively, saving you time, money, and relationships.

Whether you're dealing with commercial conflicts, family matters, or workplace disputes, we offer a neutral, confidential space where all parties can speak freely and work toward mutually beneficial solutions. Our approach is grounded in real-world experience and a deep understanding of the challenges businesses and individuals face.

We understand that every dispute is unique. That's why we tailor our mediation process to your specific circumstances, ensuring that the resolution you reach is practical, lasting, and fair to everyone involved.

Pakistan

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.

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.

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.

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Continue your search for resolution

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 Gilgit.

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