ADR Rules
ADR Rules
BALOCHISTAN ALTERNATIVE
DISPUTE RESOLUTION
RULES, 2023
Government of Balochistan
Law and Parliamentary Affairs Department
BALOCHISTAN ALTERNATIVE DISPUTE RESOLUTION RULES, 2023
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BALOCHISTAN ALTERNATIVE DISPUTE RESOLUTION RULES, 2023
Contents
1. Short title and commencement.- .......................................................................................... 4
2. Definitions.- ......................................................................................................................... 4
3. Eligibility for accreditation.- ............................................................................................... 5
4. Procedure for accreditation of ADR service provider. ........................................................ 5
5. Cancelation of accreditation.-.............................................................................................. 7
6. Establishment of Court Annexed Mediation Centre.- ......................................................... 7
7. Referral for ADR- ............................................................................................................... 8
8. Procedure for ADR proceedings ......................................................................................... 8
10. Documentation of a settlement.- ......................................................................................... 9
11. Code of conduct for accredited ADR service provider and ADR centre .......................... 10
12. Procedure of providing legal assistance.- .......................................................................... 11
13. Reporting & Monitoring .................................................................................................... 12
Appendix ‘A’ ........................................................................................................................... 13
Application to Accredit an ADR Service Provider ................................................................. 13
Applicant’s declaration ............................................................................................................ 15
Appendix ‘B’ ........................................................................................................................... 16
Application to Recognize an ADR Centre .............................................................................. 16
Appendix ‘C’ ........................................................................................................................... 19
Appendix ‘D’ ........................................................................................................................... 20
Appendix ‘E’ ........................................................................................................................... 21
Appendix ‘F’ ........................................................................................................................... 22
Court Annexed Mediation Centre ........................................................................................... 22
Monthly progress report .......................................................................................................... 22
Case Referral Form ................................................................................................................. 23
Appendix ‘H’ ........................................................................................................................... 25
Appendix ‘I’ ............................................................................................................................ 27
Name of ADR Service Provider ADR Centre ........................................................................ 27
Certificate of failure ................................................................................................................ 27
Appendix ‘J’ ............................................................................................................................ 28
Appendix ‘K’ ........................................................................................................................... 29
Appendix ‘L’ ........................................................................................................................... 30
Appendix ‘M’ .......................................................................................................................... 31
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BALOCHISTAN ALTERNATIVE DISPUTE RESOLUTION RULES, 2023
BALOCHISTAN GAZETTE
PUBLISHED BY AUTHORITY
BALOCHISTAN MARCH 01, 2023
GOVERNMENT OF BALOCHISTAN
LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT
NOTIFICATION (---- of 2023)
01 June 2023
GOVERNMENT OF BALOCHISTAN
LAW AND PARLIAMENTARY AFFAIRS
DEPARTMENT
NOTIFICATON
No.PAB/Legis: ____________ In exercise of the powers conferred under section 24 of the
Balochistan Alternative Dispute Resolution Act, 2022 the Governor of the Balochistan is
pleased to make the following Rules:
1. Short title and commencement.- (1) These Rules may be called as the Balochistan
Alternative Dispute Resolution Rules, 2023.
2. Definitions.- (1) In the Rules, unless there is anything repugnant in the subject or
context:
(a) “Act” means the Balochistan Alternative Dispute Resolution Act, XIV of 2022);
(b) “Authority” means the accreditation authority notified by the
Government of Balochistan under section 21 (1) of the Act;
(d) “ADR service provider” means an ADR person who meets the
eligibility criteria as prescribed in Rule 3 and accredited by the authority
under section 21 (3) of the Act.
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(2) The words and expressions used but not defined in these Rules shall have the same
meaning as in the Act.
3. Eligibility for accreditation.- (1) The persons with following qualifications are
eligible to seek accreditation under section 20 of the Act as an ADR service provider:
(b) a retired judge of a superior court under the age of seventy years;
(2) The term ‘trained' in (1)(a) above means a person who has successfully
undergone 40 hours of ADR training by an accredited ADR training provider and/or
recognized Federal as well as Provincial Judicial Academies imparting ADR training.
(3) The following persons shall not be eligible to seek accreditation as ADR service
providers:
(a) persons who have not successfully completed 40 hours of ADR training
by an accredited ADR training institution;
(c) against whom criminal charges involving moral turpitude have been
framed by a criminal court;
(d) who have been convicted by a criminal court or a court of law for an
offence involving moral turpitude or for contempt of court;
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details and other relevant information along with attested copies of the following documents
to the authority:
(3) A Court Annexed Mediation ADR Centre shall be established with approved procedure by
the High Court of Balochistan and it, shall not need any registration or recognition as required
under Rule 4(1) and (2).
(4) The authority, itself or through its authorized officer shall examine the application
received under sub-Rules (1) and (2), confirm the truthfulness of the information provided
therein and inquire into the genuineness of the documents attached thereto.
(5) The authority itself or through its authorized officer may inspect the premises of the
ADR Centre for the purpose of ascertaining sufficiency of the accommodation and
apparatus/technical facilities.
(6) The authority or its authorized officer may, subject to recording reasons in writing,
require additional information or documents or both from the applicant.
(7) In case of examination of application by the authorized officer, a detailed report along
with recommendations shall be submitted to the authority within a given time for decision.
(8) The authority may accredit an ADR service provider or recognize an ADR Centre and
issue certificate for an extendable period of three years in Appendix ‘C’ and ‘D’.
(9) The authority shall decide the application within a period of one month from the date
of its receipt.
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(10) In case of rejection of the application, the authority shall record reasons of such
rejection and inform the applicant in writing.
(11) An ADR Service provider or ADR Centre may apply for the renewal 60 days before
the date of expiry of the accreditation or recognition certificate, subject to fulfillment of
necessary requirements and formalities.
5. Cancelation of accreditation.- (1) The authority may, on its own or upon receipt of
a complaint, after conducting such inquiry as it may deem fit and subject to recording reasons
in writing, cancel the accreditation of an ADR service provider or de-notify an ADR Centre.
(2) The authority shall, before cancelation of accreditation of ADR service provider or de-
notification of ADR Centre under sub-Rule (1), shall serve a show cause notice and shall
provide an opportunity of hearing to the ADR service provider or ADR centre, as the case may
be.
6. Establishment of Court Annexed Mediation Centre.- (1) High Court may under
section 2 (c) (1) of the Act establish one or more Court Annexed Mediation Centre(s) in any
judicial district, or sessions division, and ma issue any standard operating procedure(s) (SOP)
for attending its day to day affairs.
(2) A trained Judicial Officers may be appointed as Mediator(s) as well as incharge and
registrar of the Court Annexed Mediation Centre.
(iii) maintain complete record of cases received for mediation and subsequently those
are returned to the concerned courts in Appendix ‘E’; and
(iv) not keep any record about the case referred to him or her for mediation except
duplicate copy of mediation agreement and formal communication made by or to the
Court referred the case.
(4) The Court Annexed Mediation Centre on failure of mediation proceeding shall incorporate
the offer of a party and response of the opposite party in its report as provided in section 10 of
the Act and shall return the case to the court referred it.
(5) The Court Annexed Mediation Centre shall submit progress report on monthly basis to the
High Court through District and Sessions Judge in Appendix ‘F’.
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(6) The SOP issued by the High Court shall be followed parallel to these rules and provisions
provided under the Balochistan Alternative Dispute Resolution Act, 2022.
7. Referral for ADR- (1) The Court, referring a case under section 3(1) or section 4(1)
of the Act for amicable settlement, shall communicate to the ADR service provider or ADR
centre including Court Annexed Mediation Centre as the case may be, all necessary
information including terms of reference in Appendix ‘G’.
(2) The Court shall also inform the parties about referral of the case.
(3) The High Court shall also issue guidelines or Standard Operating Procedure (SOP) to the
trial court judges from time to time for referring cases to ADR service provider or ADR centre
and maintaining record by Court Annexed Mediation Centre.
(4) Parties to a dispute shall, if their dispute is resolved at an ADR Centre or by an ADR service
provider, approach the court to convert the amicable settlement into judgment and decree. The
amicable settlement shall be in the form of Appendix ‘H’.
(5) If parties to the dispute fail to reach at amicable settlement, the (service Provider or ADR
Centre) shall issue a certificate of failure in appendix ‘I’.
8. Procedure for ADR proceedings (1) District & Sessions Judge shall maintain a list of
mediators accredited by the authority in appendix ‘J’.
(2) The parties shall be offered selection of an appropriate mediator from the list, maintain by
the district or of their own choice and if they fail, the Court dealing with the case may appoint
an accredited mediator.
(3) If specific date and time for appearance before the ADR service provider or ADR centre
has not been given by the court, the ADR service provider or ADR centre, as the case may be,
after receipt of reference shall immediately issue a notice to the parties through Courier Service
and electronic means such as registered phone, WhatsApp, email message, etc. of a party for
appearance.
(4) The parties shall appear in person or through authorized representative or advocate
before the ADR service provider or in the ADR centre, as the case may be, on the date and
time as given by the court or in the notice.
(5) In case of non-appearance, a fresh notice shall be issued and if a party, in spite of three
consecutive notices duly served upon him or her, fails to appear, the matter shall be reported
in writing to the court for further directions.
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(6) The ADR proceedings may be adjourned, but not for more than three days, on the
genuine request of a party or parties, showing exigency.
(7) The ADR service provider or ADR centre, as the case may be, shall inform the court
in writing if any undue influence, pressure or any unfair means are used by the parties for a
favorable settlement.
(8) If during the course of proceedings, ADR service provider or ADR centre finds that
there is any conflict of interest, the matter shall be reported in writing to the court.
(9) If during the course of proceedings, a party finds that the ADR service provider or ADR
centre is prejudice or partial or has conflict of interest, it may report the matter in writing to
the court.
(10) If the dispute with free consent of the parties is settled or agreed, the settlement, award
or agreement, as the case may be, shall be recorded in writing in presence of the parties.
(11) The settlement, award or agreement recorded under sub-rule (8) shall be signed along
with thumb impressions by the parties, their representatives or attorneys, if any, and the ADR
service provider or ADR centre in their presence.
(12) The settlement, award or agreement completed under sub-rule (10) shall be submitted
in original to the court immediately by the ADR service provide.
9. Record Keeping. (1) When the case has been referred, the clerk of the Court shall note
the referral with necessary details as to the date, parties, etc. and subsequent entries of record
in the chronological case summary under the case number initially assigned. The case file
maintained under the case number initially assigned shall serve as the repository for papers
and other materials submitted for consideration during the alternative dispute resolution
process.
(2) Trial court shall submit report on quarterly basis showing the number of cases resolved
through alternative dispute resolution processes or failed on reference to the Judge of High
Court monitoring the district in Appendix ‘K’.
10. Documentation of a settlement.- The ADR service provider and ADR centre shall
retain a copy of the settlement, award or agreement, notices or any other document or
communication made in writing during the ADR proceedings.
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11. Code of conduct for accredited ADR service provider and ADR centre.- The
accredited ADR service provider and ADR centre shall follow the following code of conduct:
(a) ADR service provider and ADR centre shall not have any conflict of interest in
the matter in dispute;
(b) parties shall be informed that they are independent in making their decision;
(c) ADR service provider and ADR centre shall reasonably ensure that parties
understand completely the alternate dispute resolution process;
(d) no legal or professional advice shall be provided to the parties by the ADR
service provider and ADR centre;
(f) parties shall be encouraged to discuss and suggest possible solutions and terms
of settlement;
(h) no personal views and opinions on the matter under issue shall be provided by
the ADR service provider and ADR centre;
(i) parties may be advised to consult or seek independent legal advice from their
attorneys for independent decision;
(l) ADR service provider and ADR centre shall not have any personal interests or
unauthorized benefits in the disputed matter;
(m) ADR service provider and ADR Centre shall possess accreditation issued by
the authority for conducting alternative dispute resolution proceeding;
(n) ADR service provider and ADR centre shall maintain good repute;
(o) ADR service provider and ADR centre shall follow the ethical values and social
norms during the course of dispute resolution;
(p) ADR service provider and ADR centre shall not cause undue delay in resolution
of a dispute between the parties;
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(q) ADR service provider and ADR centre shall not promise or guarantee to any
party for settlement or specific results;
(r) ADR service provider and ADR centre shall not impose any terms of settlement
on the parties;
(s) ADR service provider and ADR centre, during the course of dispute resolution,
shall not disclose any information obtained in a mediation session. However,
confidential information may be exchanged with the consent of mediation
parties.
(t) date, time and schedule for each session of a dispute resolution shall be fixed
in consultation with parties;
(u) the proceedings of dispute resolution shall be conducted at the ADR centre or
at any convenient place agreeable by the parties in case of service provider;
(v) ADR service provider and ADR centre shall facilitate and assist the parties in
reducing misunderstandings, clarifying priorities and exploring areas of
compromise to resolve the dispute; and
(w) ADR service provider and ADR centre shall always act in good faith.
(x) proper arrangements shall be made and a peaceful atmosphere shall be ensured
during the dispute resolution proceedings.
(y) The court which referred the case for ADR or the Government, may impose
sanctions against an ADR service provider or ADR centre for violations of
Code of Conduct which raise a substantial question as to the partiality of the
ADR person or ADR centre.
Provided, in addition to the Code of Conduct, the Accreditation Authority may separately
develop ethical guidelines for the ADR service provider and / or ADR centre.1
1
On similar footing as that of The International Chamber of Commerce (ICC), International Mediation Institute
(IMI), International Arbitration Institute (IAI), and International Centre for Dispute Resolution (ICDR)
developed ethical standards that set the best practice benchmark for arbitrators and ADR service providers.
2
See section 9 of the Law & Justice Commission of Pakistan Ordinance (XIV of 1979); District Legal Empowerment
Committee (Constitution & Functions) Rules, 2011; and 2 (d) & 5 of Statutory Notification published in Gazette of Pakistan
on July 9, 2011
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under District Legal Empowerment Committee Funds or by the Accreditation Authority from
any other head specially maintained for this purpose, in appropriate case (s).
(2) A party unable to pay the mediator fee shall inform to the court concerned which shall
be forwarded to the district Judge for payment of fee to the mediator.
(3) The District & Sessions Judge of any sessions division shall follow the procedure
provided under Rules 6 & 7 of the District Legal Empowerment Committee (Constitution &
Functions) Rules, 2011 in letter and spirit.
13. Reporting & Monitoring (1) The record of cases referred to ADR service provider or
ADR centre or Court Annexed Mediation Centre will be maintained by the court referring case
in Appendix ‘L’.
(2) Member Inspection Team of High Court of Balochistan shall maintain record of cases
referred to ADR service provider or the centre and shall submit consolidated report to
Monitoring Judge of the High Court on monthly basis with his recommendations in Appendix
‘M’.
SECRETARY
GOVERNMENT OF BALOCHISTAN
LAW AND PARLIAMENTARY AFFAIRS
DEPARTMENT
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Appendix ‘A’
Personal information
Applicant’s
Name:
Applicant’s
Office Address
PTCL Landline
Cellphone
Email address
Website
Applicant’s
CNIC:
Applicant’s
NTN:
Qualification:
Profession:
Training
attended
(Minimum 40
hours):
Area of
expertise:
Experience as
mediator
Affiliation: Organization: ☐ Independent: ☐
Name of
Organizations
affiliated
OFFICE AND ONLINE FACILITY DETAILS
(In case of an Independent Mediator if mediation will either not take place at the
office of the Applicant or takes place at his/her Office, please provide details of the
facility where the face-to-face mediation will take place along with supporting
photographs)
Cellphone of
Contact Person Email of Contact Person
Supervisor of Supervisor
mediation facility:
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General Information:
1. Code of conduct
☐ Yes ☐No If yes, please attach copy
3. Confidentiality Procedures
☐ Yes ☐No If yes, please attach copy of proof.
4. International affiliation
☐ Yes ☐No If yes, please attach copy of proof.
6. Independent ADR Service Provider Annual Renewal Fee: _____ (Attach evidence
of payment of Rs.1,000/-)
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Applicant’s declaration
I confirm that the information I have given on this form is correct and complete; and I
understand that any false information could result in my application being rejected.
I further confirm that I have never been booked in any type of criminal case or faced
contempt of court proceeding before any court of law during last five years.
Applicant
1. Copy of NTN
2. Copy of professional degree
3. Copy of mediation training certificate
4. Copy of declaration
5. Copy of international affiliation certificate, if any
6. Registration fee payment evidence
7. Fee schedule
8. Copy of code of conduct
_______________________________________________________________
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Appendix ‘B’
Name of the
Centre
Sole Company
Type of proprietorship
Organization Partnership Trust/Society
Address of the
Centre
Focal Person
NTN Certificate
Office Phone Fax
Email Website www.
OFFICE AND ONLINE FACILITY DETAILS
(Please provide details of the facility where the face-to-face mediation will
take place along with supporting photographs in color)
No. of Rooms
a/w color Purpose of each
photographs of Room
each room:
Head of the Qualification of
Centre the head
Mobile Phone
Email
Number
Number of
Audio / Visual
Computers and
Equipment
Printers
Available
available
Online ADR
Internet / DSL
Software
Provider
Platform
List of empaneled ADR service provider (Centre must have
minimum five (5) accredited ADR service provider)
Date of
Name of
Registration
ADR service ADR service Accreditation
and
provider provider Authority of Three Areas of
Sr. # Re-registration Profession
Name and Registration ADR service Expertise
of ADR
Cell No. No. provider
service
provider
1.
2.
3.
4.
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7. Code of conduct
☐ Yes ☐No If yes, please attach copy
13. Support Staff Description such as case manager and other staff (Attach detail
separately)
15. Centre’s Annual Renewal Fee: _____ (Attach evidence of payment of Rs.2,000/-)
16. PLEASE NOTE: The ADR Centre must demonstrate (in writing and by photographic
evidence) that the physical layout of the designated mediation facility is capable of handling
the mediation process and subject to a positive Site Inspection Report carried out by the
concerned Officer(s) of the Competent Authority,
We confirm that the information we have submitted on this form is correct and complete;
and we understand that any false information could result in our application being rejected.
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We further confirm that the Panel ADR service provider, Management and Staff at the
Center have never been booked in any type of criminal case or faced contempt of court
proceeding before any court of law during last five years.
Documents to be attached:
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Appendix ‘C’
GOVERNMENT OF BALOCHISTAN
Certificate of Accreditation (ADR Service Provider)
Mr. ______________ applied recognition and accreditation on ADR Service Provider. He
fulfills act regardant law and has undergone mandatory training of 40 hours from recognized
institution on _________.
He is recognized as certificate / Accreditation ADR service provider for a period of three years
w.e.f _____________ to ____________
Director General
Accreditation Authority
Balochistan
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Appendix ‘D’
GOVERNMENT OF BALOCHISTAN
Certificate of Accreditation
M/s _______________________ applied for registration of Accreditation Mediation /ADR
Centre.
The firm is already registered under Companies Act, 2011 and fulfils requirement of Law.
They do have a panel of trained and accredited ADR service provider.
M/s ____________ is recognized as Accredited Mediation/ADR Centre from period of three
years w.e.f. _______________ to ____________.
Director General
Accreditation Authority
Balochistan
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Appendix ‘E’
STATUS
Court RESULT /
Name of Date of Court Case Mediation Case Date of
Sr. # Plaintiff Defendant Annexed/ADR REMARKS
Court Receiving No. No. Disposal
Person/ADR (Successful/Failure)
Centre
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Appendix ‘F’
Sr. # Mediation Suit/Appeal No. Referring Received on Stage of case ADR Service Outcome of ADR with
case # Court while referring Provider date
No
Settlement
Settlement
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Appendix ‘G’
Plaintiff namely _______________ filed a suit on [date] for [title of suit]. Summons was served
upon the defendant accordingly he filed written statement. This court by exercising powers as
provided under section 3 sub section (1) of the Act, refers the case for mediation to Name of
Mediator or Name of Mediation/ADR Centre] with direction to the parties to appear before the
Mediator’s Information
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Terms of Reference:
2. The mediator shall share code of conduct with the parties. The mediator shall
commence mediation proceedings immediately on receipt of reference and complete within
the period of thirty (30) days.
3. The mediator shall not formally record evidence or maintain / prepare any other record
of mediation proceedings.
4. The mediator shall engage and encourage parties for mediation centre amicable
settlements.
5. The Mediator or Mediation/ADR Centre shall charge fee Rs. [ ] from the
Plaintiff and Rs. [ ] from the defendant.
6. The Mediator or Mediation/ADR Centre shall return the reference along with his or her
report and amicable settlement duly attested and signed by him to the court.
7. The mediator may on the request of the parties shall apply for extension of
time, on or before expiry of initial period of thirty (30) days.
8. The mediator while declaring mediation as unsuccessful shall briefly mention the offer
of a party and its response.
-sd-
Judge
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Appendix ‘H’
SETTLEMENT AGREEMENT
[Without court intervention]
THIS AGREEMENT is made and entered into at Quetta in the office of [Name of Mediator or
ADR Centre) between [Name of the first party S/o __________________ CNIC
______________________ R/o ____________________________________] and [Name of
the second party] /o ___________________________ CNIC ______________________ R/o
____________________________________].
WHEREAS a dispute was arisen between the parties they have and agreed and agreed to resolve
the dispute through the efforts of [Name of ADR service provider]
_________________________.
AND WHEREAS a settlement has been reached between us on the terms and condition set out
below:
a. To abide by the terms and conditions of final settlement set out hereinabove.
b. To submit the settlement before the court having jurisdiction for passing judgment and
decree in terms of the settlement.
c. And to implement and comply with the terms of this final settlement fully in letter and
spirit and to report compliance to the Court passed the judgment and decree within 30
days of signing this settlement.
IN WITNESS whereof we have placed our signatures and thumb impressions on this final
settlement agreement in the presence of ADR service provider:
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Certificate
This is certified that the parties to the case laws settled their dispute after detailed discussion
and exchange of meaningful discussion. They signed the agreement with their free will and
gaining full understanding about the terms. The constants terms of the agreement were read
over to them in the language which they understand to which they admitted and accordingly
signed in my presence.
Mediator: _________________________________________________
Co-mediator: _______________________________________________
Dated:
Seal and signature of the ADR service provider
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Appendix ‘I’
The case No.________________ was received to this ADR centre vide court order dated
___________________ for amicable settlement and accordingly it was assigned to.
_______________ (ADR Service Provider ADR Centre). The Parties joined mediation
sessions but could not reach at amicable settlement and therefore it was declared failed. During
the proceeding (plaintiff/defendant) proposed a few proposals terms to which other party
refused to consider. The offer of the plaintiff /Defendant reads as under:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
The case is returned to court for further proceeding according to law. Parties have been
informed to attend court on [date] at [time] am.
Copy to.
1. Name of the Plaintiff
2. Name of the Defendant
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Appendix ‘J’
LIST OF MEDIATORS WITH THE DISTRICT & SESSIONS JUDGE OF THE DISTRICT/DEVISION & REGISTRAR OF THE COURT
ANNEXED MEDIATION.
Name of
Mediation
Cell Profession / Three Other
Sr. Name of ADR Registration Accreditation Office Email Contact
Phone/Landline Professional Areas of Particulars,
# Person/Centre No. Authority of Address Address Person
number Qualification Expertise [if any]
Mediator
Person/Centre
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Appendix ‘K’
Sr. Name of Date of Court Case Mediation Case Plaintiff Defendant Date of Disposal STATUS RESULT /
# Court Receiving No. No. Court REMARKS
Annexed/ADR (Successful/Failure)
Person/ADR
Centre
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Appendix ‘L’
RECORD OF CASES REFERRED TO ADR SERVICE PROVIDER/CENTRE OR COURT ANNEXED MEDIATION CENTRE
MAINTAINED BY THE COURT ___________________, FOR THE MONTH OF _______________, ____________
Sr. No. Names of Parties/With Referred to the Total For Referred To Referred To Referred To Returned Result/With Date Balance
Date of Institution Court Disposal ADR Person Mediation Court to Court of Disposal
Centre Annexed Without
Mediation Result
TOTAL
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Appendix ‘M’
CONSOLIDATED REPORT OF DATA OF RECORD MAINTAINED BY MIT, HIGH COURT OF BALOCHISTAN TO BE SUBMITTED TO
MONITORING JUDGE OF THE HIGH COIURT OF BALOCHISTAN ON MONTHLY BASIS WITH RECOMENDATION
Sr. No. Name Of Last Instituted Recv. By Total For Total Disposably Disposal By Disposal By Returned Recommendation Balance
Court Balance Transfer Disposal Disposal ADR Mediation Court To Court
Person Centre Annexed Without
Mediation Result
Total
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