Authored By: Sadia Mehmood
Denning Law School (University of London)
Introduction
In recent decades, Pakistan’s judiciary continues to face significant challenges, including an overwhelming number of pending cases, procedural delays, and rising litigation costs. Courtrooms remain overburdened, with many civil disputes delayed for years before resolution. Amidst these inefficiencies, mediation, an alternative dispute resolution (ADR) method, has emerged globally as a transformative legal tool. In Pakistan, mediation holds the potential to resolve conflicts quickly, cost-effectively, and amicably, yet its adoption remains limited. This article explores the growing relevance of mediation in Pakistan’s legal system, as well as its advantages over traditional litigation, and the structural changes required in order to mainstream it.
Understanding Mediation: A Non-Adversarial Alternative
In the words of Leonard Marlow, “Mediation is an imperfect process, that employs an imperfect third person, to help imperfect people, come to an imperfect agreement, in an imperfect world.”
Mediation is a voluntary, confidential, and non-binding dispute resolution process, which is facilitated by a neutral third party, the mediator, who assists parties in reaching a mutually acceptable solution. Unlike arbitration, where the third person imposes a decision, mediation empowers parties to create their own agreement, which is suitable for them. The mediator does not decide the case but only guides discussion, encourages compromise, and help parties identify their shared interests.
In the Pakistani context, mediation is also culturally compatible with traditional reconciliation mechanisms, such as the Islamic principle of Sulh, which encourages dispute settlement through mutual agreement. Mediation aligns with values of cooperation, respect, and community harmony, long practiced in jirgas and panchayats, however, modern mediation operates with formal and legal framework which respects individual rights.[i]
Pakistan’s Legal Framework on Mediation
The legal foundations for mediation in Pakistan are developing but still lack consistency and strong enforcement mechanisms.
- Section 89-A of the Code of Civil Procedure (CPC), 1908
This provision empowers courts to refer civil cases to ADR mechanisms, including mediation, where it appears to the court that there exists elements of a settlement.[ii]
- Family Courts Act, 1964
It encourages family courts to attempt reconciliation between parties. Judges frequently engage in informal mediation in family disputes, especially in matters of divorce, maintenance, and custody.[iii]
- Small Claims and Minor Offences Courts Ordinance, 2002
This law promotes mediation for cases involving small claims, particularly in property damage, personal injury, or consumer matters.[iv]
- High Court Rules & Pilot Programs
The Lahore High Court and Sindh High Court have piloted court-annexed mediation centers, and their procedural rules allow civil judges to refer appropriate matters to trained mediators.[v]
Yet, despite these laws, mediation has not become a core part of dispute resolution, largely due to poor implementation and lack of awareness.
Why Pakistan Needs Mediation: Time, Cost, and Justice
1. Time-Saving
Litigation in Pakistan can take years or even decades to conclude. In contrast, mediation allows disputes to be resolved within weeks or months. Mediation has an extremely high success rate with 86% of all cases being settled.[vi]
2. Cost-Effective
Legal fees, documentation, repeated hearings, and administrative charges can make litigation prohibitively expensive for ordinary citizens. Mediation eliminates many of these costs, as it requires fewer procedural steps and often concludes way faster than years long litigation.
3. Relationship Preservation
Unlike the adversarial nature of litigation, mediation encourages dialogue and mutual understanding, which is particularly beneficial in family, inheritance, and business partnership disputes.
4. Privacy and Confidentiality
Court proceedings are public, whereas mediation remains confidential, allowing sensitive matters to be resolved without public scrutiny.
Emerging Mediation Initiatives in Pakistan
Despite the slow uptake, promising developments are taking place:
- Court Annexed Mediation Center
The Court-Annexed Mediation Center (CAMC) at the High Court of Sindh, Karachi represents a significant institutional advancement in promoting alternative dispute resolution. Designed to facilitate timely and amicable settlements, the CAMC assigns certified judicial mediators to conduct structured sessions, beginning with individual meetings and progressing to joint discussions. The process ensures confidentiality, neutrality, and a supportive environment, offering an efficient alternative to lengthy litigation.[vii]
- Pakistan Mediators Association
The Pakistan Mediators Association (PMA), established in 2013, is a professional body representing foreign-trained mediators and ADR practitioners in Pakistan. Evolving from the IFC/World Bank Group’s ADR Pakistan Project, PMA aims to advance mediation through legal advocacy, capacity-building initiatives, and support for institutional reforms to ease the burden on the judiciary.[viii]
- Lahore Chamber of Commerce and Industry Mediation Center
The Lahore Chamber of Commerce and Industry (LCCI) Mediation Center serves as a key platform for resolving commercial disputes through amicable means. Established to promote cost-effective and time-efficient alternatives to litigation, the center facilitates mediation between business entities under a structured and confidential framework. It plays a significant role in strengthening business confidence by encouraging dispute resolution mechanisms aligned with international best practices.[ix]
- ADR Initiative – Lahore
The ADR Initiative, based in Lahore, is a leading organization dedicated to promoting alternative dispute resolution methods, especially mediation as effective tools for justice reform in Pakistan. It is recognised as a Certified Mediator Training Provider by the International Mediation Institute (IMI) and conducts training workshops, producing 16 – 18 accredited mediators per month and have trained over 100 professionals since August 2024.[x]
Challenges to Mediation’s Growth
Despite its advantages, mediation faces significant obstacles in Pakistan:
- Lack of Public Awareness: Many litigants are unfamiliar with the concept of mediation and end up filing court cases without exploring alternatives.
- Lawyers’ Resistance: Many legal professionals perceive mediation as a threat to their income from long-term litigation.
- Scarcity of Trained Mediators: There are few certified professionals trained in neutral, ethical, and legally sound mediation practices. However, some institutions are quite active nowadays and actively training people to become accredited mediators.
- Uncertainty of Enforcement: While mediation aims for voluntary and mutually acceptable resolutions, the resulting settlement is not inherently binding unless it is formalized through a court order or written contract, which can create uncertainty in enforcement compared to traditional court judgments.
- Lack of Institutionalization: There is no centralized legal authority overseeing mediation standards, registration of mediators, or setting procedural rules across provinces.
Recommendations: Mainstreaming Mediation in Pakistan
- Mandatory Mediation in Some Matters
Family, commercial, and small-claims disputes should be legally required to go through mediation before trial. It will also reduce the burden of courts as well as save litigation costs.
- Public Awareness Campaigns
Government, NGOs, and bar associations should jointly conduct campaigns in order to educate citizens about mediation’s benefits and procedures.
- Training & Certification
Judicial academies and law schools must introduce mediation modules and practical training.
- Enforceable Settlements: While maintaining the voluntary nature of mediation, legislative reforms can provide mechanisms for parties to opt-in and formalize their mediated agreements, such as by making them a rule of court, thus offering legal certainty without undermining the collaborative spirit of mediation.
- Expand Online Mediation Services
Post-COVID, virtual platforms, such as Zoom have proven effective. Pakistan can benefit from digitizing mediation to expand reach, especially in rural areas with limited physical infrastructure as well as international mediation is more easier now than ever due to online services.
Conclusion
Mediation offers a path forward for Pakistan’s justice system, one that is faster, more humane, and better aligned with cultural and religious values of reconciliation. While legal provisions exist, the real challenge lies in shifting mindsets, building institutional capacity, and making mediation accessible to the common individuals. As the country continues to face judicial inefficiency, mediation must be recognized not just as an alternative, but as a fundamental part of justice system in the 21st century.
Reference(S):
[i] ‘View of Sulh: Towards a More Comprehensive Understanding of the Process: Journal of Asian and African Social Science and Humanities’ (View of SULH: TOWARDS A MORE COMPREHENSIVE UNDERSTANDING OF THE PROCESS | Journal of Asian and African Social Science and Humanities) <https://www.aarcentre.com/ojs3/index.php/jaash/article/view/137/358> accessed 28 July 2025
[ii] Code of Civil Procedure, 1908, Section 89-A
[iii] Family Courts Act, 1964 (Pakistan)
[iv] Small Claims and Minor Offences Courts Ordinance, 2002
[v] (The Mediation Center) <https://mediation.shc.gov.pk/> accessed 28 July 2025
[vi] Cmc.ceo, ‘Facts about Mediation’ (Civil Mediation, 1 October 2021) <https://civilmediation.org/facts-about-mediation/> accessed 28 July 2025
[vii] (The Mediation Center) <https://mediation.shc.gov.pk/about> accessed 28 July 2025
[viii] ‘Homepage’ (Pakistan Mediators Association, 13 March 2023) <https://www.pma.org.pk/> accessed 28 July 2025
[ix] (Welcome to Lahore Chamber of Commerce & Industry) <https://www.lcci.com.pk/press.php?id=508> accessed 28 July 2025
[x] ‘Pakistan’s Mediation & Arbitration Platform’ (The ADR Initiative) <https://www.theadrinitiative.com/> accessed 28 July 2025
