By: Fatima Gillani
In every society, conflict is an unavoidable part of human interaction. Whether it arises between family members, neighbours, colleagues, or business partners, disagreement is natural. What truly matters, however, is how we choose to resolve these disputes. Increasingly, experts around the world, including in Pakistan, are turning to mediation as a constructive and peaceful alternative to traditional court battles.
A Gentle Alternative to Litigation:
Mediation is a voluntary and confidential process in which a neutral third person, called a mediator, assists disputing parties in reaching a mutually acceptable solution. Unlike a judge or an arbitrator, a mediator does not impose decisions; rather, they facilitate dialogue, understanding, and compromise.
In a country like Pakistan, where court cases often stretch over years and legal costs can become unbearable, mediation offers a quicker and more affordable route. Many disputes, especially those involving families, workplaces, property, or small businesses, can be settled within weeks, saving time, money, and emotional strain.
Preserving Human Relationships:
One of the greatest strengths of mediation lies in its human-centered approach. Court proceedings tend to pit people against each other, often deepening resentment. Mediation, by contrast, encourages empathy and communication. It allows individuals to voice their emotions and perspectives in a respectful setting, helping them rebuild trust rather than destroy it.
This makes mediation particularly valuable in family disputes, marital conflicts, or workplace disagreements, where maintaining relationships is as important as resolving the issue itself.
Confidential, Respectful, and Empowering:
Another advantage of mediation is confidentiality. Unlike open court hearings, mediation sessions remain private, protecting the dignity of all parties involved. Participants can speak freely, knowing their words will not be used against them publicly.
Moreover, mediation empowers individuals by keeping the final decision in their own hands. Instead of accepting a verdict imposed by someone else, the parties themselves shape the solution. This sense of control leads to greater satisfaction and lasting compliance with the agreement.
Relieving the Burden on Courts:
Pakistan’s judiciary currently faces an enormous backlog of cases. Encouraging mediation could help ease this pressure. By diverting minor civil, family, and community disputes away from courts, mediation can allow judges to focus on serious criminal or constitutional matters. This would make justice delivery more efficient overall.
In fact, several countries, including the United Kingdom, Singapore, and Malaysia, have successfully integrated mediation into their legal systems. Singapore stands out as a global model for institutionalizing mediation. The Singapore Mediation Centre (SMC) has made mediation the preferred mode of dispute resolution in both domestic and international cases. The Singapore Mediation Act 2017 provides legal recognition to mediated settlement agreements, giving them the same enforceability as court judgments.
Similarly, Malaysia has integrated mediation into its judicial structure through the Malaysian Mediation Centre (MMC) and Practice Direction No. 4 of 2016, which encourages judges to refer suitable civil cases to mediation. This approach has significantly reduced court congestion and promoted amicable settlements.
These examples illustrate that mediation is not merely an alternative to the courts; it is a cornerstone of modern, efficient, and people-centered justice systems. Pakistan is also taking gradual steps in this direction, with mediation centres being established under various bar councils and family courts.
Promoting a Culture of Dialogue:
Beyond its legal utility, mediation fosters a culture of understanding and tolerance. It teaches people to listen, empathize, and find common ground—values deeply rooted in our cultural and religious traditions.
The Holy Qur’an encourages reconciliation and peaceful resolution of disputes. As stated in Surah Al-Hujurat (49:10):
“The believers are but brothers, so make peace between your brothers and fear Allah that you may receive mercy.”
This verse beautifully encapsulates the spirit of mediation—resolving differences through dialogue, empathy, and goodwill. Islam places great emphasis on sulh (reconciliation), reminding us that peace is not merely the absence of conflict but the presence of justice and understanding.
In an age where tempers flare easily and disagreements can quickly escalate into hostility, mediation offers a path toward civility, compassion, and collective healing.
A Step Toward a Peaceful Future:
For Pakistan to move toward a more harmonious and efficient justice system, mediation should be encouraged not just by courts but also by communities, workplaces, educational institutions, and government departments. Awareness campaigns, training programs, and legal reforms can help embed this approach into our national ethos.
After all, true justice is not only about punishment or victory—it is about healing, understanding, and peace. And mediation, in essence, is justice delivered with empathy.
Mediation: Where Safety Meets Sanity.
Fatima Gillani holds an MPhil in Mass Communication, an LLB, and a Diploma in International Affairs.
