Legal status and future of mediation in Pakistan: a critical exploration of ADR Frameworks

Ihtesham, Ullah Khan and Mohamed, Nurah Sabahiah and Omoola, Sodiq (2024) Legal status and future of mediation in Pakistan: a critical exploration of ADR Frameworks. Bahria Journal of Law & Social Policy (BJLSP), 6 (1). pp. 1-19. ISSN 2220-7627 E-ISSN 2409-1200

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Abstract

In Pakistan, Alternative Disputes Resolution (ADR) practices are rooted in customary societal practices. The practice of resolving disputes outside the courts is deeply ingrained in the culture of various provinces. The ADR is increasingly recognized within the legal landscape of the country which is characterized by a patchwork of legislative instruments that vary across provinces. This paper aims to critically analyse these legislative frameworks to assess their effectiveness, identify gaps, and propose improvements. By exploring the interaction between traditional practices and modern ADR approaches, this research seeks to propose improvement in the implementation of ADR in the country. A thorough analysis of the relevant general and special laws regarding ADR mechanisms in Pakistan reveals a significant gap in the legal framework governing community mediation. Specifically, there is no established framework for community mediation, including the training and qualifications of community mediators and the creation of community mediation centres. Current provisions for ADR, including mediation, are fragmented and insufficiently developed to address the full scope of dispute resolution needs, particularly at the community level. This research advocates for the creation of a unified legal framework that addresses all aspects of mediation, including community mediation, mediation centers across the country, and trained community mediators. Such a framework would facilitate the expeditious and cost-effective resolution of neighbourhood disputes more amicably, reducing the reliance on formal court proceedings

Item Type:	Article (Journal)
Uncontrolled Keywords:	Alternative Dispute Resolution (ADR), Community Mediation, Legal Framework Pakistan
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr. Sodiq Omoola
Date Deposited:	14 Feb 2025 09:29
Last Modified:	14 Feb 2025 09:29
URI:	http://irep.iium.edu.my/id/eprint/119526

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