Mediation is a flexible Alternative Dispute Resolution process [ADR] conducted confidentially in which a trained neutral mediator actively assists the parties to work towards a negotiated agreement of dispute settlement. Both parties are in ultimate control of the decision to settle and the terms of resolution.
The benefits of Mediation as an alternative to litigation are now recognized worldwide. It promotes efficiency by enabling the parties to resolve disputes faster, amicably and at a far lesser cost than traditional litigation; mediation's flexibility allows for customized solutions and promotes compliance, leading to more durable and satisfactory outcomes; and it enhances access to justice by offering a less adversarial and more confidential alternative, making legal resolution more accessible to a wider range of people.
In civil and commercial disputes where time is usually of the essence, resorting to litigation in Courts does not present an ideal solution. Therefore, the Provincial Legislature enacted the Code of Civil Procedure (Sindh Amendment) Act, 2018 [Sindh Act No. IV of 2019] to encourage Alternative Dispute Resolution [ADR]. The Act empowers the Court to refer a civil or commercial dispute to Mediation. If a settlement is then reached between the parties within a given time-frame, the Court may pass a judgment and decree in terms thereof. However, if there is no settlement, the parties are free to litigate before the Court and nothing said or produced during the Mediation process can be used against them to their prejudice.
To facilitate Mediation as aforesaid, the Sindh High Court has established a Court-Annexed Mediation Center (CAMC) within it’s premises at Karachi and has appointed thereat a judicial officer trained as a mediator by the Sindh Judicial Academy so as to mediate disputes referred to by the Courts. CAMC provides mediation and negotiation services to individuals and organizations alike. The exchange of information during mediation is kept confidential and the process less formal and less stressful than court proceedings. The parties are guided and facilitated in resolving their own dispute, and this often results in creative solutions, longer-lasting outcomes, greater satisfaction, and improved relationships.
The progress at CAMC is monitored by Justice Adnan Iqbal Chaudhry of the Sindh High Court in his capacity as Member of the ADR Committee, which has been constituted by the Chief Justice of Pakistan for implementing the legal framework of ADR in Pakistan.