As per Lawkidunya, In Pakistan, child custody mediation services are recognized as an alternative dispute resolution (ADR) method to resolve child custody disputes. Here’s an overview of child custody mediation services in Pakistan as per law:
Legal Framework
1. Family Courts Act 1964: This Act established family courts in Pakistan, which have the power to mediate and resolve family disputes, including child custody cases.
2. Mediation (Effective Resolution) Rules 2012: These rules provide a framework for mediation in Pakistan, including child custody mediation.
3. Section 89-A of the Code of Civil Procedure 1908: This section allows courts to refer disputes to mediation, including child custody disputes.
Mediation Process
1. Voluntary Participation: Both parties must agree to participate in mediation.
2. Neutral Mediator: A neutral mediator, often a lawyer or a retired judge, facilitates the mediation process.
3. Confidentiality: Mediation proceedings are confidential.
4. No Binding Decision: The mediator does not make a binding decision; instead, they help the parties reach a mutually acceptable agreement.
Benefits of Mediation
1. Cost-Effective: Mediation is often less expensive than litigation.
2. Time-Efficient: Mediation can resolve disputes faster than litigation.
3. Preserves Relationships: Mediation can help preserve relationships between parents and their children.
4. Customized Agreements: Mediation allows parties to create customized agreements that meet their specific needs.
Institutions Offering Mediation Services
1. Family Courts: Family courts in Pakistan offer mediation services for child custody disputes.
2. Pakistan Mediation Council: The Pakistan Mediation Council is a non-profit organization that provides mediation services, including child custody mediation.
3. Lawyers’ Associations: Some lawyers’ associations in Pakistan, such as the Lahore High Court Bar Association, offer mediation services.
Challenges and Limitations
1. Limited Awareness: There is limited awareness about mediation as an alternative dispute resolution method in Pakistan.
2. Cultural and Social Barriers: Cultural and social barriers can make it challenging for parties to participate in mediation.
3. Lack of Trained Mediators: There is a need for more trained mediators in Pakistan, particularly in rural areas.
In conclusion, child custody mediation services are available in Pakistan as an alternative dispute resolution method. While there are benefits to mediation, there are also challenges and limitations that need to be addressed.