MEDIATION LAWYER IN PAKISTAN

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.

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 AskWakeel. 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.

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Commercial Matters

Commercial mediation has largely been practiced informally by businesses and traders. However, there has been a strong need for introducing commercial mediation in an institutionalized fashion. Pakistan for example, had no ADR or mediation service prior to the askwakeel.pk where disputes may have been referred. There were no accredited mediators and SME’s and businesses had no understanding of mediation process through which they could resolve disputes. Askwakeel has initiated this service. Askwakeel.pk has dedicated staff who when receive a request for mediation follow a procedure and invite parties for mediation. Subject to consent of parties, an accredited mediator is engaged to provide mediation services. Askwakeel.pk provides mediation services to resolve a wide range of issues, from workplace disputes and simple contractual disputes between businesses, to disputes between financial institutions and consumers, complex multi-party negotiations between creditors and corporate debtors in the context of approaching insolvency.

Criminal Matters

Askwakeel.pk is only law firm in Pakistan where the experts in different fields resolve disputes outside the courtroom using different ADR mechanism. When two parties are in conflict on any issue and they want to resolve their disputes outside the court to save their time and to save themselves from long run battle in courts then Askwakeel is the best option for them as it provides mediation services in civil, criminal, family and commercial matters and settles its clients’ issues out of the court. Askwakeel has the best criminal mediators who not only settle disputes between parties but also submit their reports/findings to the criminal court. For example if the offence is compounded, the mediator will submit a report in this respect in the court duly witnessed and signed by him and by persons authorized to compound the offence under any law for time being in force and the court will pass order and the accused will be discharged.

Civil Matters

When two parties are in conflict on any issue, and they want to resolve their disputes out of the court to save their time and to save themselves from long run battle in courts then Askwakeel is the best option for them as it provides best mediation services in civil, criminal, commercial and family matters and settles its clients’ issues out of the court. Askwakeel.pk follows the best international policies, practices and standards for mediation. These includes initial contract, preparation of summaries to be submitted to the mediator at askwakeel, drafting the opening statements, phone calls on both a solo and in conference, the findings of the best and worst alternatives to negotiating agreements