Mediation In Pakistan: Exploring its Scope, Importance and Practice

Abstract

Disputes and conflict have a humanistic touch and man is aggressive by nature but in all of this there is room to look for amicable solutions. Mediation is one such ADR method which is widely practised around the world and it produces good results in mending relations and resolving complex disputes. Pakistan has always faced the issue of case pendency and in the year 2006 case pendency was 1.5 million but now as per the latest 2024 statistics released by the Law and Justice Commission of Pakistan the case pendency is almost 2.3 million, 82% lies in the district courts and the remaining 18% lies at the higher courts comprising of the Supreme Court, all High Courts and the Sharia Court. This is a grave situation for the justice system in Pakistan and for that, it is pertinent that Pakistan should look towards alternatives. Mediation is one such ADR method which holds immense potential because it involves a neutral third party who facilitates the parties in mediation proceedings to solve the issue through assisted negotiation. This research which was conducted is an exploratory research based on the Grounded theory Approach which delves into the understanding of the Scope, Importance and Practice of Mediation. Furthermore, the study was conducted to explore this new and emerging phenomenon i.e., mediation by carrying out Qualitative Interviews with the mediators and experts in the field. Hence this research study followed a Qualitative Research Design to explore and experience the responses of experts who are at the helm of providing mediation services. The study concludes with a finding that mediation in Pakistan is embracing a form of Hybridity. The Hybrid Status that is eventually coming out as a concept would most probably be referred to as Hybrid Mediation leading to embracing formal and informal formats where the system feels necessary to adopt while having legal cover.