It cannot be denied that today Alternative Dispute Resolution (ADR), in particular, mediation has gained popularity throughout the world. Besides being cost-effective and time-efficient, mediation is a mechanism that goes beyond the positions anchored by the disputants and focuses on their underlying interests, which influence a disputant's attitude and behaviour during such proceedings. It is therefore popularly termed as an interest-based dispute resolution mechanism. The beauty of mediation is that, with the help of a skilled and trained third party, ie the mediator, the disputants realize their needs and then themselves carve out a solution - the best solution which satisfies their desires, interests and needs.
Implementing mediation, as has been done in many countries around the world, eg Italy, Canada, US, UK, Romania etc, is need of the time for Pakistan. It will also help reduce the burden on the judiciary, thereby reducing time required to deliver justice. Justice delayed is indeed justice denied, therefore, mechanisms should be adopted to reduce this delay. The people of our country deserve swift justice and increased access to justice which is an important element for Rule of Law.
Till such time that legislature enacts more concrete laws for the implementation of mediation system in Pakistan, while being consistent with the National Judicial Policy 2009, I would urge that for this purpose the courts should make more use of Section 89-A of the Civil Procedure Code, 1908. Not only the courts but also the attorneys should educate their clients about the option of mediation and its benefits. To achieve this goal, the print and electronic media should also play its positive role to bring awareness amongst masses. To sum up, adopting mediation is certainly a step forward in the right direction.