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The High Court Division of the Supreme Court has paved the way for the formal introduction of Alternative Dispute Resolution (ADR), including mediation services, through the Supreme Court Legal Aid Office.
The initiative, approved by the Chief Justice, aims to help resolve eligible disputes at an early stage, providing litigants with a faster and more efficient alternative to lengthy court proceedings.
The move was formalised through a notification issued by the Administration Branch of the High Court Division. Dated August 9, 2023, the notification conveys the Chief Justice’s approval for conducting mediation proceedings under the legal aid framework.
The notification was signed by High Court Division Deputy Registrar (Administration and Judicial) Md Al-Imran Khan.
Under the directive, mediation can be offered in cases falling under specific laws and provisions, allowing eligible disputes to be settled before they proceed through conventional litigation.
The provisions include Section 5 of the Family Courts Act, 2023; Section 5 of the Parents Maintenance Act, 2013; Sections 3 and 4 of the Dowry Prohibition Act, 2018; and Section 11(Ga) of the Women and Children Repression Prevention Act, 2000.
ADR will also cover a number of offences under the Penal Code, including Sections 143, 323, 324, 325, 354, 379, 380, 381, 406, 417, 420, 447, 448, 494, 500, 501 and 511.
Other eligible matters include Sections 8, 9, 12, 39, 42 and 54 of the Specific Relief Act, 1877, as well as Section 138 of the Negotiable Instruments Act, 1881.
The initiative is expected to strengthen the legal aid system by providing litigants with an accessible mechanism for settling disputes without having to undergo prolonged court proceedings.