Law:

Section:

(a) Alternative Dispute Resolution-- ----Mediation---Scope and object stated. The scope and object of a mediation exercise is substantively different from dispute resolution either by a court of law or before an arbitrator. The purpose of alterative dispute resolution by way of mediation was to bring the parties together at a neutral' forum to which they have agreed, and to make an attempt to resolve the pending issues or disputes between them as a.-result of a mediation exercise to be carried out under the guidance and With the assistance of a neutral mediator: It is entirely incorrect to suggest or to believe that a mediation exercise is limited by any formal requirement. Such fetters, if imposed on a mediation exercise would in fact be against the spirit of such an exercise and may well reduce it to futility by making it subject to those very formalities, the avoidance of which is one of the primary purposes and goals of alternate dispute resolution by way of mediation. (b) Alternative Dispute Resolution-- ----Mediation---Confidentiality of mediation proceedings---Scope---Record of mediation exercise was strictly confidential, and was not to even be produced before the court---In rare and exceptional circumstances, record of mediation may be produced before the court, but only for the perusal of the court itself and not by any other party. ORDER MUNIB AKHTAR, J.---Mr. Noor Khan, Advocate appears on behalf of Karachi Centre for Dispute Resolution and places on record the comments/reply of the Centre pursuant to the order dated 5-.4-2012. After having seen this report, I asked Mr. Noor Khan to provide copies of the comments to learned counsel appearing for the parties. However, learned counsel for the plaintiff, who has filed C.M.A. No.10754 of 2008 expressly stated that he wish to argue this CMA without having the benefit of seeing the comments that have been filed by Mr. Noor Khan Advocate. Learned counsel for the contesting defendant also wished to proceed on the same basis. Accordingly this application was heard without learned counsel, on their own expressly stated choice and decision, having sight on the comments filed by Mr. Noor Khan. Learned counsel…

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