F.P. Report
KARACHI: Federal Government notifies Musaliha International Center for Arbitration and Dispute Resolution (MICADR) as a Government-Recognized ADR Center for expeditious provision of dispute resolution services.
Musaliha International Center for Arbitration and Dispute Resolution (MICADR), an ADR center established under the umbrella of the Legal Aid Society in 2022, has achieved a significant milestone. After its notification by the Sindh-High Court in December of 2022 as a Court-Recognized ADR Center, the MICADR has now been officially notified by the Government of Pakistan as a recognized ADR center under the Islamabad ADR Act 2017, thereby becoming Pakistan’s first private ADR center to receive such prestigious recognition in two jurisdictions.
The Accreditation Committee for the recognition of ADR Centers and Neutrals was established by the Government of Pakistan, consisting of the Registrar of the Islamabad High Court, Federal Secretary Law and Justice, and a representation of the Federation of Pakistan Chambers of Commerce & Industry (Senior Vice President). The Committee is responsible for setting minimum criteria and the process for the accreditation of neutrals and recognition of ADR centers that meet global standards of ADR practice.
The “Mediation Accreditation and Eligibility Rules” were published by the Government on the 1st of March, 2023, which outlined the requirements for accreditation and recognition of mediators and ADR centers. The committee is playing a vital role in the institutionalization of ADR in Pakistan, which will help to provide a more efficient and cost-effective alternative to traditional dispute resolution methods.
The recognition of MICADR by Government of Pakistan comes after the highly successful “Dispute Resolution through Mediation; Dispute Resolution and Opportunities for the Industry” conference organized on the 9th of March, 2023, which aimed to promote mediation as a premier means of dispute resolution in Pakistan. This recognition is a testament to the Government’s and the Judiciary’s efforts to institutionalize Alternative Dispute Resolution, but also to the standards of ADR service delivery adopted by MICADR. As per the Islamabad ADR Act 2017, Courts in Islamabad as well as Government regulatory bodies will be able to refer cases for Mediation to recognized Mediators and Mediation centers.
With mediation now legally recognized and enforceable in Pakistan through provincial ADR laws in Sindh (2019), ICT (2017), Punjab (2020), Balochistan (2022) and KP (2020), settlement agreements mutually agreed upon by disputing parties can, under respective provincial ADR laws, be submitted in civil courts to become Rule of Courts which are judicially enforceable. Furthermore, mediation is a cost and time effective dispute resolution mechanisms with a maximum of 45 days allotted for a mediation to conclude. Individuals and entities alike can either approach mediators or mediation centers directly for mediation of disputes, or request the court in pending cases to refer the matter to mediation.
The accreditation committee has also recognized 39 Accredited Mediators who belong to various backgrounds and have expertise in diverse thematic dispute areas such as contractual, banking, taxation, IP, commercial, civil and family disputes. All 39 of these mediators are empaneled with MICADR.
