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Abstract
In Pakistan, court-annexed mediation (or 'CAM') has emerged as one of the primary methods for implementing judicial reforms to reduce the backlog of cases, litigation costs, and the time it takes to resolve disputes. Mediation centres affiliated with the courts have been established in Islamabad, Punjab, and Balochistan; however, the results from these centres vary significantly by jurisdiction. The purpose of this research is to assess court-annexed mediation’s institutional development and performance, with an emphasis on Islamabad and a provincial comparison. Analysis of the administrative data regarding database usage by all of the mediation centres indicates that there are inconsistent referral patterns; many of the mediation cases are funnelled into only a few centres; there is inconsistent reporting by all of the centres of results; and in many centres, judges are serving as mediators.], which could compromise the neutrality and transparency of the mediation process. While mediation does have demonstrated potential for the resolution of certain types of disputes, the institutional inadequacies of the CAM system result in less than optimal results. Recommendations for the improvement of the CAM institutional framework include establishing uniform mechanisms for referring cases to mediation, using professional mediators from those who are on the list of certified mediators, creating an equal distribution of cases amongst all mediation centres, and employing hybrid Med-Arb procedures. In conclusion, mediation will significantly reduce the burden of litigation in Pakistan only when institutional independence from the judiciary, transparency of the mediation process, and professionalism in the practice of mediation exist.