International & Domestic Mediation

INTERNATIONAL CENTRE FOR APPROPRIATE DISPUTE RESOLUTION AND PREVENTION

international Mediation

Mediation is a potent, organized, and correlative process where a neutral third party aids the disputing parties in settling conflicts using diversified communication and negotiation techniques. Mediation is focused on the needs and rights of the parties. During the process mediators try to use various techniques to steer the concerned parties into a constructive negotiation, leading to the best solutions. Mediation is customized and highly efficient from a time and cost perspective, and usually ranges from between one and three sessions to reach a meaningful conclusion.

At ICADRP mediation is a complete process. At every step, our mediators work meticulously. The full mediation procedure is followed, from pre-mediation to achieving the best outcome. There is further follow up to help the parties with the outcome.

ICADRP offers qualified mediators from diverse backgrounds and practice areas. They have the requisite skills to resolve the most complex and disputed matters.

Who is mediation for?

Mediation is used for individuals, corporations, governments, non-profit organizations, foreign missions, etc. looking to cut litigation time and costs.

Why Mediate?

  1. Parties have full control over the outcome.
  2. The proceedings are private and confidential.
  3. The processes are cost and time effective
  4. Mediation provides custom designed process with custom defined outcomes.
  5. Mediation provides a medium through which relationships are protected and enhanced.
  6. Finality in mediation outcomes arises from completely autonomous decision making of the parties.
  7. Court Annexed ADR are binding on parties if made rule of the court.

INTERNATIONAL CENTRE FOR APPROPRIATE DISPUTE RESOLUTION AND PREVENTION

Domestic Mediation

In the past few years, various initiatives have attempted to introduce ADR methods in Pakistan. Legislation favoring the application of ADR has also been adopted and enforced. Despite the efforts of Non-Profit Organizations (NGOs) and the legislature, the level of knowledge and use of ADR continues to be insufficient.

In Pakistan multiple laws have been enacted for the introduction of ADR in the system:

  1. Alternative Dispute Resolution Act, 2017,
  2. Sindh Act, 2017, KPK Act, 2018,
  3. Punjab Alternative Dispute Resolution Act, 2019,
  4. 89-A of the Civil Procedure Code, 1908 (as amended in 2002), read with Order X Rule 1-A (deals with alternative dispute resolution methods).
  5. The Small Claims and Minor Offences Courts Ordinance, 2002.
  6. Sections 102–106 of the Local Government Ordinance, 2001.
  7. Sections 10 and 12 of the Family Courts Act, 1964.
  8. Chapter XXII of the Code of Criminal Procedure, 1898 (Summary Trial Provisions).
  9. The Arbitration Act, 1940.
  10. Articles 153–154 of the Constitution of Pakistan, 1973 (Council of Common Interest).
  11. Article 156 of the Constitution of Pakistan, 1973 (National Economic Council).
  12. Article 160 of the Constitution of Pakistan, 1973 (National Finance Commission)
  13. Article 184 of the Constitution of Pakistan, 1973 (Original Jurisdiction when Federal or Provincial governments are at dispute with one another).
  14. Finance Bill introduced the following ADR Tax Laws:
  15. 134-A of I. T Ordinance. 2001 R/w Rule 231-C of the I. T Rules-02.
  16. 47 of the Sales Tax Act 1990 and Ch. X of the S.T Rules-04.
  17. 195-C of the Customs Act 1969, Ch. XVII of Customs. Rules 2001.
  18. 38 of the Federal Excise Act 2005 R/w Rule 53 of FE Rules 2005.
  19. Section 23 of Industrial Relation Ordinance.

ICADRP is well-positioned to conduct ADR proceedings under the laws of Pakistan and to provide the most suitable arbitrators, mediators, and conciliators for your dispute.