Ministry pondering to amend section 89-A of Civil Procedure Code 1908

To accelerate the pace of settling disputes through mutual negotiations, the ministry of law is pondering to amend section 89-A of Civil Procedure Code 1908 to make mediation and conciliation as mandatory before filing of suit.
This was stated by former chief justice of Pakistan and presently chairman, Karachi Centre Dispute Resolution (KCDR) Saiduzzaman Siddiqui along with Navin Merchant, programme manager, ADR, IFC and Former Justice Kamal Mansoor Alam at a press conference held at KCDR office on Tuesday.
He said that KCDR has suggested the ministry of law to enact mediation clause before arbitration to resolve disputes and added that centre in this regard has sent drafted recommendations to the ministry. According to the mediation clause drafted by KCDR, "any and every dispute, difference or question, which may arise between the parties to the agreement, shall be first settled by the parties by an attempt at amicably settling the dispute through mutual negotiations.
In case the disputes, differences or questions cannot be settled amicably or satisfactorily by correspondence or by mutual discussion within thirty days after receipt by one party of the other party's request for amicable settlement, it shall be referred to mediation before a CEDR accredited mediator. Mediation proceedings shall be held at Karachi and will be governed by the mediation rules of the centre.
In case the mediation fails the dispute shall be referred to arbitration in accordance with the Arbitration Act 1940. Arbitration proceedings shall be held at Karachi and arbitration award shall be final and binding on the parties."
He said that some 200 cases have so far been admitted by KCDR and added that around 47 cases amounting to $16 million were resolved in the last two years.
KCDR with assistance of IFC has grown over the years and has foreign-accredited mediators and master trainers providing expertise in dispute settlement and training. IFC and KCDR have been holding trainings and seminars for building the capacity of lawyers, judges and other professionals to resolve disputes in an amicable manner.