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 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.
Mediation Services in Family Matters
When parties are in conflict over an issue and need to resolve their arguments amicably to save time and avoid a court battle, Our Mediation Lawyer is the ideal choice for resolving clients' problems amicably, offering mediation management for civil, criminal, family, and commercial matters. Askwakeel.pk follows the highest international mediation guidelines, practices, and standards. AskWakeel mediators are careful and decisive in their approach to the process and speak fairly and positively to ensure that problems are resolved before they become dead-end disagreements. Family mediation with AskWakeel.pk has proven to be very effective in the dissolution of marriage and divorce, as well as custody, visitation, child support, debt, family funds, etc. An important advantage of family mediation with askwakeel.pk is that it is often less expensive than direct court proceedings. An important advantage of family mediation via Mediation Lawyer in Pakistan is that it is usually less expensive than direct court proceedings.Structure of the Mediation process in Pakistan
The normal steps in planning the process by the mediator are to establish basic contact, sign the mediation agreement, guide and assist the parties in their preparation and agree on the dates of the mediation sessions.
The mediation continuum is structured as follows:
- Preparation phase
- Opening joint session
- Closed sessions and caucuses in the exploratory phase.
- Joint sessions in the negotiation phase.
- Joint sessions in the closing phase.
A typical mediation day lasts between 8 and 9 hours, including breaks for the preparation of written submissions, and may involve several hearings, requiring three or four hearing days to conclude.
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