MUHAMMAD NASEER BUTT vs ADDITIONAL DISTRICT JUDGE, LAHORE S — 2025 PLD 499 SUPREME-COURT

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MUHAMMAD NASEER BUTT VS ADDITIONAL DISTRICT JUDGE, LAHORE S. 5, Sched.---alternative Dispute Resolution act (XX of 2017), Ss. 2(i) & 3---aDR Mediation accreditation (Eligibility) Rules, 2023---Mediation Practice Direction (Civil) Rules, 2023 (issued by Islamabad High Court)---Suit for recovery of maintenance allowance---Referring dispute for mediation---Object, purpose and scope---Petitioner was aggrieved of enhancement of maintenance allowance of respondents by High Court---Supreme Court referred the matter for mediation through accredited Mediator---Held: Mediation is not merely an alternative to litigation; it is a paradigm shift in dispute resolution built on principles of collaboration, confidentiality and party autonomy---Mediation offers a non-adversarial framework that empowers parties to shape outcome of their own disputes, guided by a neutral facilitator rather than through judicial determination---Benefits of mediation are manifold, which reduce costs associated with protracted legal battles, alleviates burden on Courts and ensures quicker resolution of disputes---Confidential nature of mediation protects privacy of parties and its informal setting encourages honest communication and problem-solving---Flexibility of process allows parties to explore creative, interest-based solutions that a Court of law may not be empowered to grant---Supreme Court appreciated benefits of mediation which were remarkably evident in the present case; what years of litigation could not resolve, mediation achieved within weeks---This procedure reinforced the principle that the earlier a dispute was channeled through mediation, the greater the potential for cost and time savings, reduced emotional strain, and restored relationships---Supreme Court recommended the Courts to embrace a pro-mediation ethos, particularly at initial stages of litigation---Judges and lawyers must be sensitized to identify cases fit for mediation and facilitate their referral in a timely manner---Litigants, likewise, should be encouraged to consider mediation and other methods of alternative dispute resolution as a first resort, rather than a last recourse---Supreme Court directed Family Court to draw decree in terms of the settlement agreement---appeal was disposed of.

MUHAMMAD NASEER BUTT vs ADDITIONAL DISTRICT JUDGE, LAHORE S — 2025 PLD 499 SUPREME-COURT

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