F.P. Report
Gilgit: Legal Aid Society Pakistan presented the “Gilgit Baltistan Mediation Bill 2023” to GB Cabinet, and GB Legislative Assembly members in the presence of the Chief Judge, GB Chief Court. A total of 13 members (3 female & 10 male) of the Gilgit Baltistan Legislative Assembly (GBLA) including Mr. Nazir Ahmed, Speaker Gilgit Baltistan Legislative Assembly, participated in the Consultation. Justice (retd) Mr. Arif Hussain Khilji emphasized the need to train mediators to accomplish the objective of the proposed law so that its implementation can reap results immediately after the law is promulgated.
The first standalone legislative instrument mandating mediation in Pakistan provides ample space for the legal fraternity to participate actively in the process while maintaining the sanctity of non-decision-based customary dispute resolution forums. The bill includes best practices from provincial laws across Pakistan and global legislative while addressing gaps identified during the implementation of these laws.
The bill received overwhelming support from participants of consultation who vowed to table it for debate at the earliest in the Gilgit Baltistan Legislative Assembly. If passed as a law, the bill will allow parties to settle their disputes through mediation in a completely confidential manner and file settlement agreements in respective courts against which court decrees will be issued.
Further, it was brought to light that GB already has an indigenous informal dispute resolution system wherein most of the disputants prefer settling their disputes by resorting to the prevalent out-of-court settlement system. During the interactive discussion, ensued by the presentation, some pertinent questions were put forth by the respectable Members of the GB Assembly.
One concern was whether disputes involving international investments could be resolved under this law and suggestions for introducing special committees for overseeing financial and commercial matters were floated. The Honourable Chief Judge Mr. Ali Baig Gilgit Baltistan committed to providing space within the chief court to Musaliha International Center for Arbitration & Dispute Resolution (MICADR) in Gilgit and Skardu and to recognize MICADR as a court-recognized ADR Center.
