Mediation In
Ratodero, Sindh

State Laws

Sindh operates under the Code of Civil Procedure (Sindh Amendment) Act, 2018 which amended Section 89-A and Order X of the CPC to make mediation mandatory for specific commercial disputes. The amendment provides that courts may adopt ADR methods including mediation, conciliation and negotiation with consent of parties to secure expeditious disposal of cases. The Sindh government has finalised the Alternative Dispute Resolution law to settle civil and commercial disputes outside court. Mediation centres are set up with approval of the Sindh High Court. The law requires proper training of mediators and defines procedures for referral, time frames and settlement implementation.

Court-Mandated Programs

Courts in Sindh examine and assess the possibility of resolving cases through ADR at the first instance upon presentation of a plaint. Courts may refer cases to ADR at any stage before or after recording of admissions and denials. On referring a case for ADR, the court directs both parties to appear before the appointed mediator on the date and time fixed by the court. The dispute must be resolved within sixty days from the date of reference, which may be extended for no longer than thirty days upon written request. If a settlement is reached, the mediator prepares a deed of settlement containing terms signed by both parties and submits it to the relevant court. The court then passes judgment and decree in terms of the settlement. If no settlement is reached, the case proceeds in court without delay.

Licensing Requirements

Mediators in Sindh must undergo proper training on how to deal with issues. The Sindh High Court approves mediation centres and ensures mediators meet qualification standards. The law provides for accreditation of mediators and ADR centres. Lawyers can serve as mediators as evidenced by court appointments in Sindh High Court cases. The provincial government oversees the accreditation process and maintains standards for ADR service providers. The emphasis is on ensuring mediators have the necessary skills and ethical standards to conduct effective mediation.

Local Court Systems

Sindh has the Sindh High Court as the highest court in the province. The subordinate judiciary includes district courts, civil courts and family courts. The court system operates in Urdu and English. The Sindh High Court has issued practice directions for ADR implementation. Courts have discretion to refer cases to mediation and can stay proceedings during ADR. The judicial system in Karachi and other urban centres actively supports ADR to reduce the significant backlog of cases. The court system works with approved mediation centres to facilitate dispute resolution.

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.