Mediation is a form of alternative dispute resolution (ADR) that is widely used in Pakistan to resolve commercial disputes. ADR refers to any method of resolving disputes that do not involve going to court, and mediation is one of the most popular forms of ADR. Mediation is a process in which a neutral third party, known as a mediator, helps the parties in a dispute to reach a mutually agreed upon resolution.
"Mediation is a process in which a neutral third party, called a mediator, helps two or more disputing parties reach a mutually acceptable resolution to their conflict. Mediation is often used as an alternative to going to court, as it is typically less formal, less adversarial, and less expensive than traditional litigation."
The laws governing mediation in Pakistan are found in the Civil Procedure Code (CPC) and the Alternative Dispute Resolution Act, of 2010. These laws set out the procedures and requirements for mediation, including the qualifications and training required for mediators, the powers and duties of the mediator, and the rights and responsibilities of the parties involved in the mediation.
In addition to commercial disputes, mediation is commonly used in Pakistan to resolve family disputes, such as divorce and child custody cases. Family mediation is a form of ADR specifically designed to address the unique issues that arise in family disputes. It is often less adversarial and more cost-effective than traditional court proceedings.
There are several different types of ADR, including mediation, arbitration, conciliation, and early neutral evaluation. Each of these methods has its own unique advantages and disadvantages, and the choice of which way to use will depend on the specific circumstances of the dispute.
Mediation and arbitration are two of the most commonly used forms of ADR in Pakistan. Mediation is a less formal and less binding process than arbitration, and it allows the parties to have more control over the outcome of the dispute.
In contrast, arbitration is a more formal and binding process, and the parties are typically bound by the decision of the arbitrator.
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Negotiation is also an important part of ADR, and it is often used in conjunction with other ADR methods. Negotiation is a process in which the parties in a dispute work together to reach a mutually agreed-upon resolution.
Dispute resolution methods can be divided into two main categories:
Traditional and Alternative.
- Traditional methods include going to court,
- Alternative methods include ADR.
Alternative Dispute Resolution in Pakistan:
Alternative dispute resolution is becoming increasingly popular in Pakistan, as it is often less expensive and less time-consuming than traditional court proceedings. The ADR process typically begins with a negotiation between the parties, in which they work together to try to reach a mutually agreed upon resolution.
If this is not successful, the parties may then proceed to mediation or arbitration. The mediator or arbitrator will then work with the parties to try to help them reach a resolution. In addition to commercial and family disputes, ADR is also commonly used in civil disputes, such as disputes over property, contracts, and personal injury. In civil disputes, the parties may choose to use ADR as a way to resolve their dispute without going to court.
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The ADR system in Pakistan is designed to provide an efficient and effective way to resolve disputes. This system is based on the principles of fairness, impartiality, and confidentiality, and it is designed to be accessible to all parties involved in a dispute, regardless of their resources or background.
How the Mediation case is Started:
A mediation case in court can be started in a few different ways. One common way is for the parties to agree to use mediation as a means to resolve their dispute. In this case, the parties may select a mediator and jointly initiate the mediation process.
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Another way a mediation case can be started is by court order. In some jurisdictions, the court may order the parties to attend mediation as a precondition to going to trial. The court may also refer the case to mediation on its own initiative if it believes it would be beneficial to the parties.
Additionally, in some jurisdictions, the court may provide the parties with the option to participate in mediation before or during the trial. This is known as “early neutral evaluation” and is used to help the parties assess the strengths and weaknesses of their case, and to provide a non-binding evaluation of the case by a neutral third party.
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Alternative Dispute Resolution (ADR) Committee:
An ADR (Alternative Dispute Resolution) Committee is a group of individuals who are responsible for managing and overseeing the ADR process in a particular organization or community.
The ADR Committee is typically made up of experts in the field of ADR, such as mediators, arbitrators, and other dispute resolution professionals. The main role of an ADR Committee is to ensure that the ADR process is being conducted fairly, efficiently, and effectively.
ADR Committee Functions:
This includes monitoring the qualifications and performance of the ADR practitioners, developing and implementing ADR policies and procedures, and providing training and education on ADR to the organization or community.
The ADR Committee may also be responsible for selecting and appointing ADR practitioners to handle specific disputes, and for providing support and assistance to the parties involved in the ADR process. In addition, the ADR Committee may also be responsible for evaluating the effectiveness of the ADR process and making recommendations for improvement.
Overall, the ADR Committee plays an important role in promoting the use of ADR as an effective and efficient means of resolving disputes within the organization or community.
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Advantages of Alternative Dispute Resolution (ADR):
Alternative Dispute Resolution (ADR) has many advantages over traditional court proceedings. It is generally less expensive, less time-consuming, less formal, and less adversarial.
ADR also allows the parties to have more control over the outcome of the dispute, and it can often result in more creative and mutually acceptable solutions. In conclusion, Mediation plays a vital role in resolving commercial