Islamabad: Pakistan needs to move beyond establishing legal frameworks to develop accessible, credible and culturally rooted mediation mechanisms for Alternative Dispute Resolution (ADR), while addressing institutional, educational and regulatory gaps and drawing on the country's Islamic and indigenous traditions of mediation.

This was emphasized by experts at a seminar titled 'Beyond the Statute: ADR, Mediation and Unresolved Questions,' organized by the Institute of Policy Studies (IPS) in collaboration with School of Advocacy and Research (SAR) and Aman Council for Amicable Dispute Resolution.

The speakers included Justice Dr. Syed Muhammad Anwer, Judge, Federal Shariat Court; Khalid Rahman, Chairman, IPS; Ambassador (retd) Syed Abrar Hussain, vice chairman, IPS; Shujaullah, executive director and founding member, SAR; and Syed Abdullah Anwar, advocate and IPS associate. Misbah Shahid, director of the Aman Council, moderated the session.

In his opening remarks, Ambassador (retd) Abrar Hussain said legislation alone could not resolve disputes or create public trust. He stressed the need for accredited ADR centers, transparent procedures, stronger enforcement of settlements, integration of ADR into legal education, and greater social and institutional participation.

Delivering the keynote address, Justice Muhammad Anwer emphasized that ADR should increasingly be understood as 'appropriate dispute resolution' rather than merely an alternative to the formal judicial system. He stressed confidence-building, impartiality and ethical conduct, and highlighted the Islamic foundations of reconciliation. He called for institutionalizing mediation through appropriate training and accreditation while particularly strengthening women's participation in family-dispute resolution. He also suggested greater collaboration among institutions, such as think tanks and ADR organizations, to develop practical and locally relevant models.

Shujaullah provided an overview of Pakistan's ADR framework, discussing arbitration, negotiation, conciliation and mediation. He highlighted the Arbitration Act 1940, ADR Act 2017, and Pakistan's international commitments, while also tracing the roots of dispute resolution to Islamic tradition. He noted that Pakistan's prolonged and costly litigation system made ADR increasingly relevant, particularly where parties could voluntarily seek mutually acceptable settlements.

Abdullah Anwar presented a practitioner's perspective, identifying court interference, fragmented legislation, procedural ambiguity, shortage of accredited practitioners and limited awareness as major challenges. He stressed that effective ADR was also important for investor confidence and economic activity. Drawing on practical experience, he highlighted gender-sensitive and Shariah-conforming mediation.

Khalid Rahman emphasized the importance of understanding Pakistan's existing social practices of resolving disputes through trust, community relationships and informal institutions. Referring to examples from markets, neighborhoods, families and mosques, he argued that any institutionalization of ADR should remain connected with indigenous ethical and social values. He also stressed the need to address the causes of disputes rather than focusing only on their resolution, concluding that 'appropriate dispute resolution' could become meaningful if grounded in trust, honesty, impartiality and social responsibility.

On the occasion, a panel discussion on 'Structuring the Future of Mediation in Pakistan' examined mediation education, professional accreditation, court-annexed mediation, the role of lawyers and other professionals, and the need to avoid an elite-centric ADR system. The participants called for greater attention to Pakistan's indigenous dispute-resolution practices and cautioned against treating ADR as an entirely new or externally transplanted concept.

The discussion featured Prof. Dr. Hafiz Aziz ur Rehman, chairman, Intellectual Property Organization Pakistan; Dr. Ghazala Ghalib Khan, assistant professor, Faculty of Shariah and Law, International Islamic University Islamabad; Qaiser Imam, advocate, Supreme Court, chairman SAR; Usman Jillani, partner, ABS and Co Islamabad; and Auf Abdul Rehman, managing director, SAR.