is a maxim of law that delay defeats justice. This maxim holds good both in civil
and criminal cases. In every civilized society there has been a constant effort
to evolve ways and means for speedy dispensation of justice. There is huge back
log of cases in all courts of Pakistan and it is expedient to find alternatives
to the traditional legal system. Mediation system can be used as an effective
measure for settlement of disputes to overcome delays, provide inexpensive
justice and reduce tremendous burden on courts. As the litigation takes long
time, there is worldwide trend to adopt mediation. It is the obligation of the
legal profession to serve as healers of human conflicts. We should provide
mechanism that can produce an acceptable result in the shortest possible time
and with the least possible expense. Now it is the need to disseminate the
settlement culture for a success of ADR mechanism. People must understand the
value of the time. The mediation system definitely saves the time and money of the
litigants. Mediation is a procedure designed to resolve disputes through
agreement i.e. through the mutual consent of the parties. A successful
mediation is thus dependent upon two interrelated factors. The willingness of
the parties to resolve a dispute and the skill of the mediator in guiding the
parties to the point where agreement is possible. The combination of a talented
mediator and motivated parties will generally result in resolution of even the
most difficult disputes.
life free of disputes is a great fortune. Unfortunately we are often faced with
disputes, at times within our own families or with our neighbors and in the
community. Some disputes are simple and other serious. Most often, dispute
start with small issues, and when these are not resolved at initial stage, a
suspicion, misunderstanding and wrong perception make the issues more serious.
The result is hatred, distrust and disharmony in the society. Disputes
invariably lead to physical and emotional injury and sometime death.
not only base of our religion but also reality that doing justice is
exclusively the domain of ALLAH almighty, the creator of this universe, who
will also be the judge on the day of judgment to deal with every human being in
accordance with his deeds and the good deeds will be appreciated whereas bad
will visit punishment.
The administrators were such a
meaningful alternative to formal method of trial/courts. Arbitration of
disputes was and is one of such methods. But it still empowers the third party
to decide the outcome of dispute, although more likely arbitrators will have
subject area of expertise which makes the decision more agreeable. The concept
of judicial mediation has been introduced in the judicial system of Pakistan by
amendments in Civil Procedure Code by way of section 89A and Rule 1-A to order
concept of consolation, mediation, arbitration has originated from the Holy
Quran as in Surah Al-Nisa (Surah-4 Ayat 35), “and if you fear that a breach
might occur between a couple, appoint an arbiter from among his people and an
arbiter from among her people. If they both were to set things aright, GOD will
bring about reconciliation between them. Assuredly, GOD is all knowing, all
mediation is a process by which disputants take the help and assistance of
neutral third party to act as mediator. A mediator is a facilitating inter-mediatory
who has no authority to make any binding decision but helps them in reaching to
agreed settlement. With the consent and knowledge of the concerned party, he
tries to bring the parties to negotiations and persuades them to reach a
compromise and settlement. Mediation is preferable to arbitration because it is
quicker, less expensive, less stressful and more private.
Mediation can occur
relatively early in the dispute.
There exist no set formula
for mediation and different mediators can apply different styles. Procedure can
be modified to meet the needs of a particular case. Mediation can occur late in
the process-even during trial or before any formal legal proceedings.
iii. Cost Efficient.
As mediation generally
requires less preparation, it is less formal than trial or arbitration and can
occur at an early stage of the dispute. It is always less expensive than other
forms of dispute resolution.
iv. Brings Parties Together.
In our society parties
often form opinion about their disputes that several time become impractical
and the other side becomes the “enemy”, winning becomes a matter of principal.
But sitting down in a neutral setting with the opposing side during mediation
can bring a better understanding of the problems with one’s own case,
particularly if guided by a skilled mediator.
parties can control the trial, location and duration of proceedings to a
What is said during mediation can be
kept confidential and the statements made to the mediator cannot be used for
any purpose other than to assist the mediator in working out a resolution of