PEACEABLE MEDIATION: A CHALLENGE TO JUDICIAL SKILL SET

Abstract

Alternate Dispute Resolution (ADR) is an important tool to strengthen positive peace and it got cover in Pakistan through Alternate Dispute Resolution Act, 2017. 36 ADR Centres established by Lahore High Court at District headquarters have shown success rate of about 45%, successfully mediating 12943 references out of 28845, sent between June, 2017 and October, 2018. However, such performance of the judges appointed on mediation centres has not been considered up to the mark. This paper makes a comparison between the skill set of a mediator with that of a judge, an arbitrator or a panch and explores whether the skill set of judges suffices them to carry out successful mediation. This qualitative study has used two methods for triangulation of the findings; namely, focus group discussion and one-on-one interviews. The paper concludes with a recommendation to develop a permanent pool of mediators, comprising judicial officers trained in mediator’s skill set and non-judicial experts, who could contribute positively and diversely to make mediation as successful in Pakistan as in other parts of the world.