Mediation

Successful outcome of the mediation process in custody matters stands as a re-affirmation that this form of an alternative dispute resolution mechanism (mediation)is a pathway to substantive justice

It is also a testament to the fact that the emotional well-being of a minor cannot be preserved through litigation alone.

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 problem-solving

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 pro-mediation 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.

Brief facts were that the petitioners/landowners filed a miscellaneous application in the present constitutional petition pending before the High Court concerning acquisition of land by military authorities; through the application petitioner sought recognition and implementation of a mediation settlement, which approach was adopted by the High Court during the proceedings; the petitioners agreed to accept the compensation earlier determined by the GHQ Board under protest, while reserving the right to seek enhancement by reference under the Land Acquisition Act, 1894

Validity

The settlement through mediation had been arrived at voluntarily, without any coercion, pressure or undue influence and with the consent of both sides

The terms of settlement were lawful and did not offend any provision of law

The settlement reflected a fair and pragmatic resolution of a long-standing dispute and adequately safeguards the statutory rights of the petitioners

Present application as well as the main petition was disposed of, in circumstances.

Significance of mediation stated.

In the present case the arbitral award passed by a two-member arbitral tribunal was made the Rule of Court by the Civil Court

Appeal was filed against the said judgment by the respondents before the High Court, which was allowed and the unanimous arbitral award was rendered a nullity

Respondents after initially expressing their unease with out of court settlement or "ADR" finally agreed to resolve their dispute through mediation in both the appeals

Respondents, however, reserved their right to expand the scope of their dispute before the mediator, provided both the parties mutually agreed to such a change

Supreme Court disposed of present appeals as being sent out for mediation, and observed that in case mediation or any other mode of ADR was unsuccessful, the parties may approach the Supreme Court and apply for the refixation of present appeals

Appeals were, therefore consigned to the record.

AI lacks ability to feel emotional tenor, to de-escalate tension between parties, or to recognize the power of silence in a negotiation

AI also cannot build trust across the table through empathy, qualities essential to successful mediation

This is where human mediators continue to hold the advantage

AI may be able to streamline many facets of legal practice, it cannot replicate deeply human process of mediation, where the emphasis is on understanding, negotiating, and resolving conflicts through human interaction

Mediation is emerging as the future power player in dispute resolution.

Significance of mediation stated.

In the present case the arbitral award passed by a two-member arbitral tribunal was made the Rule of Court by the Civil Court

Appeal was filed against the said judgment by the respondents before the High Court, which was allowed and the unanimous arbitral award was rendered a nullity

Respondents after initially expressing their unease with out of court settlement or "ADR" finally agreed to resolve their dispute through mediation in both the appeals

Respondents, however, reserved their right to expand the scope of their dispute before the mediator, provided both the parties mutually agreed to such a change

Supreme Court disposed of present appeals as being sent out for mediation, and observed that in case mediation or any other mode of ADR was unsuccessful, the parties may approach the Supreme Court and apply for the refixation of present appeals

Appeals were, therefore consigned to the record.

Very foundation of a just society, safeguarded by rule of law, rests upon enduring bedrock of public trust and confidence in its Courts and judiciary

Individuals, including families involved in complex corporate disputes, approach Courts as their ultimate recourse to seek fair and impartial adjudication and resolution

Willingness of individuals to do so, and to comply with judgments, depends on the degree of confidence they place in judicial processes.

Held: Process of resolution adopted was rooted in corporate harmony, family goodwill and statutory framework under Companies Act, 2017 which had proven to be both timely and effective

High Court appreciated gracious conduct and conciliatory approach adopted by counsel for the parties, who played a vital role in facilitating such amicable settlement

High Court also appreciated dignified role of petitioner and respondent, who, as mother and son, chose cooperation over conflict in the larger interest of respondent / Company, its stakeholders and over 3000 workers who were dependent on its continuity

Registrar SECP played pivotal role during mediation process, providing much-needed guidance akin to that of an elder in a family, as recognized in the minutes of the AGM

High Court reaffirmed its unwavering commitment to the principles laid down by Supreme Court in its landmark judgments, wherein mediation was emphasized as an essential and rights-based component of access to justice

Mediation was not merely an alternative but a necessary and effective means for ensuring party autonomy, reducing judicial backlog and fostering lasting, interest-based solutions

High Court underscored importance of "Mediation through AGM" as a model mechanism for resolving corporate and family business disputes, preserving corporate democracy and strengthening institutional integrity through resolution by consensus, as envisioned under Companies Act, 2017 and the Constitutional and jurisprudential mandates of High Court

High Court maintained the successful outcome of mediation conducted among the parties through the AGM

Petition was disposed of accordingly.

Facts in brevity where that the petitioner was awarded a contract of a project titled "Developing Resilient Environment and Advancing Municipal Services" and thereafter it fulfilled all legal formalities, submitted performance securities worth over Rs. 2.2 billion, and requested mobilization advances and work commencement orders, however, after four months, termination notices were issued to the petitioner

The petitioner challenged these notices through the present Constitutional petition

Held: Admittedly the contract was awarded to the petitioner and since it had invested a huge amount of more than Rs.2.2. billion in the project, therefore, vested rights had been created in its favour and if the contract was terminated, the petitioner would suffer a huge financial loss

Contract executed between the parties provided amicable settlement by mentioning that both the parties would attempt to settle the dispute amicably before the commencement of arbitration

Then, under clause 21.6 of the contract, any dispute in respect of which the decision of the DAAB had not become final and binding were agreed to be finally settled by international arbitration under the Rules of Arbitration of International Chamber of Commerce

In order to avoid such arbitration, while seeking guidance from the jurisprudence developed on mediation from time to time, High Court deemed it appropriate to refer the matter for mandatory mediation, before the arbitration started

The reasons which make mediation a compelling choice to resolve disputes efficiently and effectively, inter alia, include: (i) Cost-effectiveness; (ii) Time efficiency; (iii) Flexibility; (iv) Confidentiality; (v) Preservation of relationships; (vi) Control over the outcome; (vii) Expertise; (viii) Reduced hostility

An ounce of mediation is worth a pound of arbitration and a ton of litigation

Supreme Court of Pakistan has put more emphasis on resolving disputes through mediation as 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 problem-solving

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

The earlier a dispute is channeled through mediation, the greater the potential for cost and time savings, reduced emotional strain, and restored relationships

Therefore, in view of the above background and the facts of the present case, specifically when consensus had also been reached between the parties for amicable settlement of the dispute, the impugned notices of termination of contractwere set-aside and the respondent No.1/Secretary, Local Government and Community Development Department, Government of the Punjab who had already dealt with the matter, and who had passed the detailed order by confirming rights of the Petitioner, and he having awareness of the matter, could play an important role to mediate all the differences/disputes between the parties

Respondent No.2 was appointed as the neutral facilitator/mediator with a view to resolve the dispute in amicable and expeditious manner because the project related to welfare of the public at large

Constitutional petition was disposed of accordingly.

Significance of mediation and pro mediation bias of courts explained.

Due to ever growing economic activism, stimulation and expansion of international investment, trade entities are eagerly and consistently falling in interactions, deals and transactions, not only with local citizens but with foreign business communities as well

In course thereof, parties aspire certain securities safeguarding and protecting their investments, interests and rights as well as guaranteeing resolution of trade/commercial/corporate disputes at the earliest and at the lowest costs of time and money, that too, under the umbrella of law

Using mediation as a technique to resolve trade/commercial/corporate disputes has now been transformed in a global movement

It is duty of Company Judge to protect interest of company and minimize adverse effect to it

Based on the strong principles to safeguard the interest of company and to resolve corporate dispute developed by Supreme Court in various judgments, provisions of Ss. 276 and 277 of Companies Act, 2017, can be invoked in order to protect interest of company and the Court can initiate process of Early Neutral-Party Evaluation ("ENE") and then mediation

Parties are encouraged throughout the litigation process to attempt to settle disputes, for good reason, and such decision may encourage more litigants to explore settlement possibilities before being ordered to do so by the court

Mediation outcomes not only save time and money of parties, but it also reduces load of work in Courts as well as it is the most updated way on resolutions based on the "divine culture of peace"

Issue between the parties pertained only claim of debt amount, which issue stood settled in the way that receipt of amount was admitted by petitioner

Disputed debt claim stood thoroughly satisfied and there was no justification for winding up the "company" in such a scenario

Petition was disposed of accordingly.

Mediation involves intervention of a third person, or mediator, into a dispute to assist parties in negotiating jointly acceptable resolution of issues in conflict

Mediator meets with the parties at a neutral location where parties can discuss the dispute and explore a variety of solutions

Each party is encouraged to be open and candid about its own point of view

Mediator, as a neutral third party, can view a dispute objectively and assist the parties in considering alternatives and options that they might not have considered

Mediator is neutral and does not stand for personal benefit from the terms of settlement, and is impartial in that he or she does not have a preconceived bias about how the conflict should be resolved

Mediation is a process where parties meet with mutually selected impartial and neutral person who assists them in negotiation of their differences

Such process brings in hope of getting parties to discuss settlement through a trustworthy and skilled mediator who encourages settlement freeing up valuable court time and resources.

In this process, disputing parties willingly engage in discussions facilitated by a neutral third party known as the mediator

Unlike court proceedings, mediation is a more informal and flexible approach, fostering open communication and creative problem solving

Mediator's role is not to make decisions but to guide the parties in finding common ground and exploring potential solutions

One of the key advantages of mediation is its cost-effectiveness compared to court proceedings

It also tends to be a faster method of resolution, putting more control in the hands of the parties involved

Informality of mediation contributes to a quicker resolution compared to the often time-consuming nature of court proceedings

Additionally, the process preserves relationships, as parties actively engage in finding mutually agreeable solutions

Flexibility of mediation allows for a more personalized and tailored resolution to the specific needs and concerns of the parties involved.

Mediation, a form of Alternative Dispute Resolution (ADR), is praised for its efficiency, cost-effectiveness and ability to foster amicable settlements

Unlike litigation's adversarial nature, mediation promotes a collaborative approach for parties to find mutually beneficial solutions

Courts should encourage mediation and exhibit a pro-settlement and pro-mediation bias, favoring dispute resolution through mediation over litigation

Such bias, favoring mediation process itself, is based on the belief that settlements are generally more efficient and satisfactory for all parties compared to court-determined outcomes

By promoting a pro-settlement bias, Courts can contribute to a harmonious and efficient dispute resolution environment, empowering parties to resolve conflicts collaboratively and constructively

As such it aligns with broader goals of global justice systems to resolve disputes fairly, efficiently, and in a manner conducive to long-term well-being of all parties involved

Centuries old traditional method of settlement of private dispute through negotiation is not only familiar in modern world, but such voluntary scheme for settlement of tax dispute through mediation and negotiation is an effective method to be followed

There are various forms of ADR such as mediation, arbitration, conciliation and compromise with or without intervention of court.

Mediation involves intervention of a third person, or mediator, into a dispute to assist parties in negotiating jointly acceptable resolution of issues in conflict

Mediator meets with the parties at a neutral location where parties can discuss the dispute and explore a variety of solutions

Each party is encouraged to be open and candid about its own point of view

Mediator, as a neutral third party, can view a dispute objectively and assist the parties in considering alternatives and options that they might not have considered

Mediator is neutral and does not stand for personal benefit from the terms of settlement, and is impartial in that he or she does not have a preconceived bias about how the conflict should be resolved

Mediation is a process where parties meet with mutually selected impartial and neutral person who assists them in negotiation of their differences

Such process brings in hope of getting parties to discuss settlement through a trustworthy and skilled mediator who encourages settlement freeing up valuable court time and resources.

Due to ever growing economic activism, stimulation and expansion of international investment, trade entities are eagerly and consistently falling in interactions, deals and transactions, not only with local citizens but with foreign business communities as well

In course thereof, parties aspire certain securities safeguarding and protecting their investments, interests and rights as well as guaranteeing resolution of trade/commercial/corporate disputes at the earliest and at the lowest costs of time and money, that too, under the umbrella of law

Using mediation as a technique to resolve trade/commercial/corporate disputes has now been transformed in a global movement

It is duty of Company Judge to protect interest of company and minimize adverse effect to it

Based on the strong principles to safeguard the interest of company and to resolve corporate dispute developed by Supreme Court in various judgments, provisions of Ss. 276 & 277 of Companies Act, 2017, can be invoked in order to protect interest of company and the Court can initiate process of Early Neutral-Party Evaluation ("ENE") and then mediation

Parties are encouraged throughout the litigation process to attempt to settle disputes, for good reason, and such decision may encourage more litigants to explore settlement possibilities before being ordered to do so by the court

Mediation outcomes not only save time and money of parties, but it also reduces load of work in Courts as well as it is the most updated way on resolutions based on the "divine culture of peace"

Issue between the parties pertained only claim of debt amount, which issue stood settled in the way that receipt of amount was admitted by petitioner

Disputed debt claim stood thoroughly satisfied and there was no justification for winding up the "Company" in such a scenario

Petition was disposed of accordingly.

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.

Scope and object stated.

Held, it would not be open for one of the parties to challenge Mediation Committee's report, particularly when the party had agreed to 95% of the recommendations made by the said Committee

Principles.