Harmonizing Tradition with Modernity: Analyzing the Evolution of Mediation in Pakistan's Legal Landscape
DOI:
https://doi.org/10.70540/ijlss.2022(I-II).01Keywords:
ADR, mediation, IMDRC, reforms, barriers, judiciary, framework, access, resolution, traditionAbstract
Pakistan, a nation steeped in tradition, is witnessing a slow but steady transformative shift in its legal system concerning mediation and dispute resolution. The conventional dispute resolution methods deeply rooted in Pakistan's history, such as jirgas and panchayats, have long served as community-centric means of conflict resolution. However, the evolving legal landscape calls for adaptive measures that integrate these traditional approaches with formalized mediation structures. This paper aims to delve into the multifaceted evolution of mediation practices within Pakistan’s legal framework. It begins by exploring the historical roots and cultural influences shaping traditional dispute resolution methods prevalent in Pakistan. Furthermore, the paper investigates the legislative reforms and initiatives undertaken by the Pakistani government to incorporate mediation into its legal system. It assesses the impact of these reforms on the judiciary, legal practitioners, and society at large.