Law: Alternative Dispute Resolution Act, 2017

Section: XX,2(i)

Alternative Dispute Resolution Act (XX of 2017)--- ----S.2(i)---Mediation---Importance/ benefits---Judges/Advocates/Litigants, role/responsibilities of---Mediation is not merely alternative to litigation; it is a paradigm shift in dispute resolution, built on the principles of collaboration, confidentiality, and party autonomy, which offers a non-adversarial framework that empowers parties to shape the outcome of their own disputes, guided by a neutral facilitator rather than a judicial determination---The benefits of mediation are manifold: it reduces the costs associated with protracted legal battles, alleviates the burden on courts and ensures quicker resolution of disputes---The confidential nature of mediation protects the privacy of the parties and its informal setting encourages honest communication and problemsolving---Moreover, the flexibility of the process allows parties to explore creative, interest-based solutions that a court of law may not be empowered to grant---What years of litigation cannot resolve, mediation can achieve within weeks, which reinforces the principle that the earlier a dispute is channeled through mediation, the greater the potential for cost and time savings, reduced emotional strain and restored relationships---Courts must embrace a promediation ethos, particularly at the initial stages of litigation---Judges and lawyers must be sensitized to identify cases fit for mediation and facilitate their referral in a timely manner---Litigants, likewise, should be encouraged to consider mediation and other methods of alternative dispute resolution as a first resort, rather than a last recourse. Messrs Mughals Pakistan (Pvt.) Limited v. Employees Old Age Benefits Institution through Director Law, Lahore and others PLD 2025 SC 1 and Muhammad Naseer Butt v. Additional District Judge, Lahore and others CPLA No. 3519 of 2021 ref. ORDER C.M. No. 990 of 2025 JAWAD HASSAN, J.---This application has been filed by the Petitioners for passing of an appropriate order in the titled writ petition for expeditious conclusion of the mediation process. 2.    Sardar Muhammad Ghazi, Sr. ASC stated that the Petitioners filed the main writ…