CONFLICT WITHOUT COURT: THE MEDIATION ADVANTAGE

Pakistan’s justice system faces a persistent challenge of case backlog, resulting in delayed justice, prolonged disputes, and significant financial and emotional burdens for litigants. The project proposal identified more than 2.26 million pending cases, with case pendency increasing by approximately 3.9% annually, highlighting the need for mechanisms that can complement the traditional court system. In this context, mediation was identified as an important form of Alternative Dispute Resolution (ADR) because it offers the possibility of resolving disputes in a more timely, affordable, collaborative, and amicable manner while reducing unnecessary pressure on courts. The project was therefore built around the idea that addressing the judicial backlog requires not only institutional reform but also greater awareness and capacity within the legal community, particularly among lawyers and future legal professionals.

“Conflict Without Court: The Mediation Advantage” was undertaken by EHLAM as a Community Development Initiative under the Global UGRAD-Pakistan program, sponsored by the U.S. Department of State with funding provided by the U.S. Government and supported in its implementation by IREX. Community Development Initiatives provide Global UGRAD alumni with opportunities to use the leadership skills developed during their exchange experience to design and implement projects addressing needs within their local communities and strengthening civic participation, education, and development. In line with this purpose, EHLAM designed the initiative to raise awareness among the legal fraternity and the general public about the importance and potential of mediation, while particularly strengthening the understanding and capacity of practicing lawyers and law students. The project was structured as a three-part intervention, beginning with professional training for lawyers, followed by awareness-building among law students, and culminating in a stakeholder dialogue on establishing Student Mediation Clinics as a sustainable institutional mechanism for mediation education and practice.

UGRAD-CERTIFIED WORKSHOP FOR LAWYERS AND LEGAL PROFESSIONALS

UGRAD-certified one-day workshop for practicing lawyers, fresh law graduates, and final-year law students, held at the Islamabad Bar Council on 17 December 2024, organized by EHLAM in collaboration with the Musaliha International Center for Arbitration & Dispute Resolution (MICADR). Led by Muhammad Shahzar Ilahi, Co-founder of MICADR, the workshop focused on the practical role of mediation in legal practice and how lawyers can incorporate mediation into their professional work to support faster and more amicable dispute resolution.

The workshop brought together members of the legal fraternity who engaged with the discussion and explored mediation as a professional skill and an important tool for addressing Pakistan’s judicial backlog. Adv. Adil Aziz Qazi, Ex-Vice Chairman of the Islamabad Bar Council, delivered the closing remarks and shared his perspective on the importance of advancing mediation within the legal profession.

CONFLICT WITHOUT COURT: THE MEDIATION ADVANTAGE” SEMINAR FOR LAW STUDENTS

A dedicated seminar for law students, was held at the Islamabad Bar Council on 19 December 2024. The session focused on building awareness among students about mediation, its relevance to Pakistan’s judicial challenges, and its growing importance as an area of legal practice. M. Shahzar Ilahi discussed the need for ADR in Pakistan, while Hassan Ali Raza addressed Mediation in Pakistan: From Legal Framework to Professional Growth. Adv. Adil Aziz Qazi spoke on career opportunities and the role of lawyers in mediation, while Abeer Nisar, a student accredited mediator, shared practical insights on beginning a career in mediation.

The seminar brought together law students and legal professionals in an interactive learning environment, giving students greater exposure to mediation both as a dispute-resolution mechanism and as a potential professional pathway. Through these discussions, participants were encouraged to look beyond traditional litigation and understand the role future lawyers can play in promoting a stronger culture of ADR in Pakistan.

STAKEHOLDER DIALOGUE AND PITCH FOR STUDENT MEDIATION CLINICS

At the Islamabad Bar Council, EHLAM presented the concept of establishing Student Mediation Clinics to a diverse group of stakeholders from legal education, ADR practice, academia, legal institutions, and the professional legal community. The event was led by Hamdah Tahir, Project Head, with Areeba Hareem, Hamda Ijaz, and Nabeeha Wafa serving as Project Managers. Hamdah Tahir presented and pitched the concept, followed by a stakeholder discussion in which participants examined the feasibility of introducing mediation clinics within law schools, offered practical suggestions for implementation, and identified possible institutional and operational challenges. The proposal envisioned Student Mediation Clinics as spaces where law students could receive structured mediation training and gain practical exposure under the supervision of trained professionals, while also creating the potential for communities to access mediation services.

The proposal presented at the event went beyond a general call for mediation education and outlined a structured model for integrating mediation into LLB programs. It proposed a two-course framework consisting of a three-credit Fundamentals of Mediation course, including a 40-hour mediator training component covering ADR, mediation frameworks, active listening, negotiation, conflict resolution, and ethics, followed by a three-credit Mediation Clinic course involving practical mediation sessions, co-mediation, case management, advanced mediation strategies, client interaction, and reflective learning. The proposal also considered two possible implementation models: university-established clinics operating with trained faculty and professional mediators, or collaborations between universities and established mediation centers, courts, NGOs, and other institutions. International examples from Harvard Law School and Columbia Law School were also examined in the proposal to demonstrate how clinical mediation education can combine classroom learning, practical casework, professional skills, and community service.

The stakeholder dialogue brought together Mr. Saqib Faraz, Deputy Director at the Directorate of Legal Education; Dr. Nudrat E. Piracha of the International Centre for Appropriate Dispute Resolution and Prevention; Mr. Sanaullah Aman, CEO of Saarosh ADR Centre; Barrister Zopash Khan, Co-Chair of The Society of Mediators; Dr. Aziz ur Rehman, Director at Quaid-i-Azam University Islamabad Law School; Ms. Furrah Kashif, Supervisor at the High-Court Annexed Mediation Centre and Legal Coordinator at Legal Aid Society Pakistan; Barrister Syed Qamar Hussain Shah Sabzwari, Member Executive Committee of the Islamabad Bar Council; Khawaja Azhar Rasheed, Advocate Supreme Court and International Arbitrator/Mediator; Ms. Hareem Hilal, Assistant Professor at NUST Law School; Dr. Atia Madni, Professor of Law at International Islamic University Islamabad; Dr. Ghazala Ghalib, Professor of Law at IIUI; Ms. Sehrish Saba Raja, Advocate at the Islamabad High Court and Professor of Law at IIUI; Dr. Akbar Khan, Assistant Professor of Law at IIUI; Mr. Saad Ahmad, Managing Partner at SSC Law; and Mr. Attaullah H. Kundi, Founding Partner at Kundi & Misbah and Accredited Mediator. Dr. Jo DeLaGarza-Chitlik, Fulbright Specialist, and Adv. Zafar Kalanauri, Professor of Law at LUMS and Punjab University, also joined the discussion virtually. The initiative additionally acknowledged the support of Usama Malik, Director of the Directorate of Legal Education; Muhammad Khashih ur Rehman from the Ministry of Law; and Sheikh Muhammad Ali, MCIArb and Chairman of the ADR Committee of the Lahore High Court Bar Association, whose support remained important to the initiative.

The third event marked the culmination of the initiative by moving from awareness to a concrete proposal for integrating mediation into legal education. The stakeholder dialogue provided valuable feedback, practical recommendations, and identified potential challenges for establishing Student Mediation Clinics. It laid the foundation for continued collaboration toward building a sustainable culture of mediation among future legal professionals. 

Participant feedback reflected a strongly positive response to the initiative. All respondents were either Satisfied or Very Satisfied (100%), while 97.5% rated the workshop as Valuable or Extremely Valuable. Moreover, 97.5% agreed or strongly agreed that mediation should be promoted as a tool to improve Pakistan’s judiciary, 100% of respondents were willing or potentially willing to support youth-led mediation centers, and 97.5% agreed or strongly agreed that student-led mediation initiatives can help promote a culture of mediation in Pakistan. Overall, the feedback demonstrated a clear interest in expanding mediation awareness, providing further practical training, and creating greater opportunities for students and young legal professionals to engage with mediation.