Legal Framework of Mediation and Its Implementation: A Comparative Study of Singapore and Pakistan

Abstract

Mediation, an alternative dispute resolution mechanism, is considered a speedy, expeditious, and cost-effective mechanism to resolve disputes. This comparative study examines the legal framework and implementation mechanism of mediation in Pakistan and Singapore highlighting the differences between the two jurisdictions. Singapore's mediation framework is renewed for its robustness and effectiveness. It is significantly driven by the Singapore Mediation Act 2017 and supported by the institutions like Singapore International Mediation Center and the Singapore Mediation Center. Singapore judiciary played a vital role in promoting mediation in Singapore. In Pakistan mediation framework though evolving still in its initial stage is facing challenges, Mediation is dealing with scattered provisions that presently exist in different laws which ought to be discussed and there is a need for a single codified law for implementing mediation practices efficiently in Pakistan. The implementation mechanism also faces challenges like limited institutional support inadequate training for mediators and lack of awareness. This study provides the structural and functional aspects of mediation in both countries, highlighting the effectiveness of their legal frameworks and the practical challenges. By comparing Singapore's well-established system with Pakistan's developing one, the research provides insights into how Pakistan can enhance its mediation practices. In the end, Recommendations are given, including adopting best practices from Singapore, strengthening institutional frameworks, increasing mediator training, and fostering a culture of mediation to ensure its successful implementation.