Resolving Civil-Commercial Disputes through Mediation in Pakistan: Legal Framework, Sector-Specific Application, and Digital Trends

Abstract

Mediation is increasingly recognized as an efficient and cost-effective alternative to litigation for resolving civil-commercial disputes. This paper examines the role of mediation in Pakistan, analyzing its legal framework, sector-specific applications, and emerging digital trends. The study differentiates mediation from litigation and arbitration, detailing the mediation process, enforceability of settlements, and the roles of mediators and lawyers. It evaluates Pakistan’s legal landscape, including constitutional and statutory provisions, institutional mechanisms, and judicial efforts to promote mediation. The research highlights mediation’s application in corporate, intellectual property, and taxation disputes, along with cross-border implications and global best practices. Additionally, it explores digital mediation trends, such as Online Dispute Resolution (ODR), showcasing technology’s transformative potential. The findings underscore mediation’s growing significance in Pakistan as a viable alternative to traditional litigation, offering efficiency and accessibility in dispute resolution.