Group Discussion Board

ADR in Family court

ADR in Family court

by Robinur Rahman (ID-181-26-176) -
Number of replies: 0

opposed to non-judicial mediation through Arbitration Council introduced by Muslim Family Law Ordinance, 1961, the Family Courts Ordinance, 1985 has built-in conciliation mechanism in the form of judicial or court-annexed mediation. Two types of mediation mechanism are envisaged in the Ordinance at the instance of sitting judge of the family court:


(i)   Pre-trial Reconciliation proceeding under section 10; and


(ii) Post-trial Reconciliation proceeding under section 13.


There has also been provision in section 11 of the Ordinance with regard to holding any part of the proceeding in camera, if needed. The purpose of these provisions is to provide a mechanism enabling disputant parties to resolve the outstanding issues informally, discreetly and with a sense of accommodation in which the Family Courts will play the role of a well-wisher and friends rather than an adjudicator However the last two decades’ experience since the enactment of this legislation suggests that the desired specialization in disposing of family matters and the practice of mediation or conciliation during family court proceedings are waiting and the atmosphere or tradition of it is virtually non­existent2. One commentator found that this compromise procedure of the Family Court is only extending the life of the suit and is an extra burden to the Family Courts where a large number of case are awaiting disposal