Exploring The Efficacy of Mediation in Pakistan’s Conflict Resolution Landscape

Abstract

This article explores the role of mediation in Pakistan as an important alternative dispute resolution (ADR) method to address the inefficiencies of litigation, such as delays, high costs, and adversarial processes. With a growing backlog in the judiciary, mediation presents a more cooperative, cost-effective solution, particularly beneficial in a commercial and civil context. While mediation is culturally compatible with traditional Pakistani dispute resolution methods like jirgas and panchayats, its formal adoption remains limited. Legislative efforts, including the Alternative Dispute Resolution Act of 2017, have laid a foundation for mediation, yet practical challenges hinder its full implementation. The whole world is adopting mediation and limiting dependence on courts. This study examines Pakistan’s mediation landscape, highlights the benefits of international frameworks like the Singapore Convention, and advocates for making mediation mandatory in commercial disputes. Through a qualitative analysis of mediation practices, obstacles, and global best practices, the study offers insights to advance mediation as an accessible and effective dispute resolution method.