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" 305 ALTERNATIVE DISPUTE RESOLUTION: MEDIATION AND CONFIDENTIALITY Kashif Mir Zubair* Published in: Corporate Law Decisions Year of Publication: 2012 Suggested Citation: 2012 CLD Journal Section p.9 Mediation has generally been regarded as a peripheral form of dispute resolution in Pakistan, especially for the resolution of commercial disputes. In recent years, however, the ability of mediation to achieve timely and mutual beneficial outcomes for various kinds of disputes has been recognized in the country. The Karachi Centre for Dispute Resolution (KCDR), established in 2007, has pioneered in institutionalised commercial mediation in Pakistan. This Article aims to provide an analysis of the vitality of the confidentially privilege , a fundamental tenant of the mediation process; and will highlight the need to afford it adequate legislative and judicial protection. (A) Introduction Over the last few decades, significant changes have occurred in the way conflicts are resolved. Alternative dispute (Cit. p.10) resolution ( ADR ) has proliferated and various methods of ADR are now employed extensively to resolve disputes. This growth of ADR has even been characterized by some as a quiet revolution .[1] In many jurisdictions various methods of ADR are now closely connected to the judicial process itself and in certain situations, are also mandated by the courts. The appeal of mediation, in particular, has greatly increased; primarily due to its ability to provide parties to a dispute with a formalized, facilitated opportunity to negotiate, converse, and explore options -- and to exhaustively determine if a settlement is possible.[2] In addition to its other benefits, mediation also seems to institutionalize a fundamental by-product of the adversarial judicial process. A…