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Mediation as an Alternative Dispute Resolution Mechanism in Pakistan

Mediation as an Alternative Dispute Resolution Mechanism in Pakistan

Pakistan is facing a significant judicial crisis due to the enormous backlog of cases pending in its courts. Currently, there are approximately 2.3 million cases awaiting resolution across different levels of the judicial system, ranging from civil courts to the Supreme Court of Pakistan. Despite this overwhelming caseload, the number of judges available to address these matters is only about 4,300, which places immense pressure on the judicial system. Under these circumstances, if cases continue to be disposed of at the existing pace, it may take several decades to eliminate the backlog. Moreover, the situation continues to worsen because thousands of new cases are filed in courts every day. Consequently, the adoption of Alternative Dispute Resolution (ADR) mechanisms has become an essential and practical solution to alleviate this burden on the judiciary. ADR can help resolve disputes more efficiently and effectively, thereby supporting the proper administration of justice at every level of the legal system in Pakistan.

Mediation is a widely recognized method of resolving disputes under Alternative Dispute Resolution (ADR). It involves a neutral third person, called a mediator, who assists conflicting parties in communicating, negotiating, and reaching a mutually acceptable agreement. Unlike litigation, the mediator does not impose a decision but facilitates dialogue and cooperation so that the parties can achieve a resolution that satisfies their interests. In Pakistan, mediation has been practiced both formally and informally; traditional community mechanisms such as jirga and panchayat have long been used to resolve disputes in rural areas, particularly those involving families, property, and local conflicts. While these traditional systems are culturally significant, they sometimes lack legal safeguards and transparency. To address this gap, Pakistan has developed modern legal frameworks and institutionalized ADR mechanisms that provide structured, enforceable, and professional mediation procedures across the country.

One of the key advantages of mediation in the Pakistani context is its cost‑effectiveness. Mediation is generally less expensive than court litigation, which often involves legal fees, documentation costs, and prolonged procedural delays. Because mediation requires fewer formalities and no extensive courtroom procedures, it is more accessible to people with limited financial resources. Another important benefit is the speed of resolution. Pakistani courts are burdened with a heavy backlog of cases, and disputes often take many years to reach a final judgment. Mediation, by contrast, can often resolve disputes within weeks or months,........

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