The Punjab Alternate Dispute Resolution Act 2019 Ask Wakeel . PK

 

Mediation Law

Mediation Law in Pakistan

Pakistan has not acceded to any international treaty relating to mediation and our mediation laws are not based on any such treaty in all its aspects. The main source of law dealing with mediation is the Code of Civil Procedure (CPC) 1908, as amended, which contains the important Section 89-An and Order 10, Section 1A. There are also provisions relating to  Divorce & Lawyer In Pakistan arbitration and mediation in the Small Claims Courts Ordinance, 2002, the Industrial Relations Act, 2012, the Income Tax Ordinance, the Customs Act, and the Federal Excise Act.

Mediation confidentiality in Pakistan

 Conciliation is considered a confidential process in Pakistan. Pakistani courts do not rely on paper, but on the information exchanged between the parties during mediation. The courts have stated that these proceedings are confidential and that any such action would violate this confidentiality. In similar circumstances, the mediator will not be called as a witness and the mediation agreement signed before the commencement of the mediation contains a standard clause whereby the parties agree not to call the mediator as a witness.

In the case of court-ordered mediation, the court will not require a final mediation report at the end of the mediation. If the mediation is unsuccessful, the court may decide that the mediator must, in principle, submit a statement to the court indicating that no result has been reached. If an agreement is reached, it will be formally registered and the court will order it to take effect. In this case, the reasons for the court's decision will ensure that the decision will not be confidential in the future.

Commercial Mediation Services

Commercial mediation is primarily a decision made by businesses and employers. However, there is an urgent need to institutionalize and introduce commercial mediation. For example, before AskWakeel.pk existed, there was no mediation or alternative dispute resolution service in Pakistan where disputes could be raised. AskWakeel.pk created this service. AskWakeel.pk has specialized staff who, upon receiving a request for mediation, develop a strategy and Ask Wakeel. PK .

Offers mediation services for a wide range of issues, such as labor disputes, simple contractual disputes between companies, disputes between financial institutions and consumers, and complex arrangements between creditors and debtors of companies after the conclusion of insolvency proceedings.