Islamabad:
The Supreme Court has called for embracing a pro-mediation method across the judiciary, especially at the earliest stages of litigation.
In a detailed four-page order written by Justice Miangul Hassan Aurangzeb, the supreme court emphasized the importance of sensing judges and lawyers to identify cases that are appropriate for mediation and to ensure their timely referral.
“The judges and lawyers must be sensitive to identifying cases that fit mediation and facilitate their referral in a timely way. Litigation should also be encouraged to consider mediation and other methods of alternative dispute basis as a first resort rather than a last application,” the order states.
The directive came during the consultation of a family clerk that the court on March 15 was referring to mediation. Sara Tarrar, a spokesman for High Court and an accredited broker who was notified by the Law and Justice Department in accordance with the Act on Alternative Dispute, 2017, was appointed broker.
According to the order, both parties actively participated in the mediation process and eventually reached a solution. Tarrar submitted his report along with a copy of the Conciliation Agreement dated May 5, 2025, officially registered by the court.
Advisor on both sides requested that a decree be issued in accordance with the agreed settlement.
A three-member bench of the pointed right, led by Chief Justice of Pakistan Yahya Afridi, heard the case. The case involved a challenge for a family law decision that had increased monthly maintenance for each daughter from RS30,000 to RS150,000, in addition to educational expenses. The father had disputed the order in appeal courts where his case was rejected. Later he approached SC in June 2021.
After being pending for more than three and a half years, the bench finally referred the case to mediation, which led to a successful decision.
In its order, SC emphasized that mediation was “not just an alternative to litigation; it is a paradigm shift in dispute resolution, based on the principles of cooperation, confidentiality and party autonomy”.
Unlike traditional litigation, the order said, the mediations allow parties to shape the results of their disputes through neutral relief rather than conflicting judgment.
“It offers a non -violent framework that allows the parties to shape the result of their own disputes, governed by a neutral facilitator rather than a legal decision.” The order highlighted several benefits of mediation, including cost -effectiveness, speed, reduced burden on the judiciary and greater privacy for the disputed parties. Its informal setting promotes open dialogue and solution -focused negotiation.
“The flexibility of the process allows parties to explore creative, interest -based solutions that a court may not be authorized to give,” notes the order. “These benefits were remarkably clear in the present case. What years of litigation could not solve, mediation obtained within weeks.”
The court noted that previous use of mediation often results in significant savings of time and costs, reduces emotional tolls and helps restore conditions.
The order quoted the statutory framework created under the Law on Alternative Dispute Aircraft, 2017, and supported further by different provincial legislation.
In addition, the ADR mediation accreditation (justification) rules, 2023 and mediation practices (civilian) rules, 2023, consolidated mediation place in the legal landscape as a mainstream tool for dispute resolution.
