The ADR Mediation Accreditation (Eligibility) Rules, 2023

S. R. O. 210(I)/2023.—In exercise of powers conferred by section 25(1) read with section 4(1) and other relevant provisions of the Alternative Dispute Resolution Act, 2017, the Federal Government is pleased to make the following rules, namely:

1. Short Title and commencement, etc.
(1) These rules may be called the ADR Mediation Accreditation (Eligibility) Rules, 2023.

(2) These rules shall come into force at once.

(3) Words and expressions used but not defined in these rules shall bear the meanings given thereto in the Alternative Dispute Resolution Act, 2017, and in the rules made thereunder.

2. Eligibility.
(1) An ADR Centre providing mediation services or a mediator shall be eligible for accreditation where:

(a) the end-to-end mediation process framework by which it proclaims to be bound is:

(i) the framework administered or recommended by an organization listed in the Annex to these rules, and is adopted by the ADR Centre or mediator, with the permission of such organization, if required; or

(ii) developed by itself, and is found by the accreditation committee to be conforming in material aspects to the frameworks of the organizations referred to in the Annex to these rules. In either of the cases mentioned in (i) and (ii), the applicant will sign a bond in favour of and in the form specified by the accreditation committee undertaking to remain faithfully bound to its mediation process framework;

(b) the mediators empaneled by an ADR Centre at the time of application and at all times thereafter are trained and certified by an organization listed in the Annex to these rules or by a trainer certified by such organization to impart training;

(c) an applicant ADR Centre shall either be a company or a statutory corporation; and

(d) the mediations are undertaken to be carried out at owned, leased or usage-based-access premises with a minimum of two rooms for private sessions and one larger room for common sessions, in addition to its administrative and managerial rooms, with fit-for-purpose secretarial, communication, facilitation, case management, IT and record-keeping facilities.

(3) An ADR Centre seeking to become accredited as a mediation service provider will apply in form-A annexed to these rules.

(4) An individual seeking to become accredited as a mediator will apply in form-B annexed to these rules.

(5) An ADR Centre or a mediator seeking to empanel with the High Court for court-referred mediations will meet such additional requirements as may be specified by the High Court in a circular issued for the purpose. Annex [See Rule 2(1)(a) and (b)]

(1) International Mediation Institute

(2) Centre for Effective Dispute Resolution

(3) Civil Mediation Council of United Kingdom

NOTE:—Further organisations may be added to this list by the Government in consultation with the High Court.

Annex-A

FORM

APPLICATION TO RECOGNIZE A MEDIATION CENTRE

[See Rule 2(3)]

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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)

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List of empaneled mediators (Centre must have minimum five (5) accredited mediators)

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1. Code of conduct ☐ Yes ☐ No If yes, please attach copy 2. Fee structure / schedule ☐ Yes ☐ No If yes, please attach copy 3. Complaints Handling and Feedback ☐ Yes ☐ No If yes, please attach copy of proof 4. Guidelines for allocation of mediators ☐ Yes ☐ No If yes, please attach copy of proof 5. Confidentiality Procedures ☐ Yes ☐ No If yes, please attach copy of proof 6. International affiliation ☐ Yes ☐ No If yes, please attach copy of proof 7. Facility Description i.e. Office, Reception/Common Area/Breakout Rooms etc. (Attach detail separately) 8. Support Staff Description such as case manager and other staff (Attach detail separately) 9. Centre's Registration Fee: — (Attach evidence of payment Rs. 10,000/-) 10. Centre's Annual Re-registration Fee: — (Attach evidence of payment of Rs.2,000/-) 11. PLEASE NOTE: The Mediation 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) authorized by the accreditation committee. Declaration by Authorized Representative of the Mediation Centre 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. We further confirm that the Panel Mediators, 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. Signature of duly Authorized Representative of Mediation Centre Documents to be attached: 1. Copy of Charter Document (Memorandum and Articles of Association, certificate of incorporation etc.) 2. Copy of NTN Certificate of Mediation Center 3. Copy of declaration by Authorized Representative of Mediation Centre 4. Copy of international affiliation certificate, if any 5. Registration Fee payment evidence 6. Mediators' Fee schedule 7. Copy of code of conduct 8. Copy of Complaints Handling and Feedback 9. Guidelines for Allocation of Mediators 10. Copy of Confidentiality Procedures For Office Use Only: Application Received on: — Site Inspection of Mediation Facility carried out on: — Application status: Granted ☐ Declined ☐ Re-apply after Six (6) Months ☐ Mediation Centre Registration No: — Approval Authority: Annex-B Form

APPLICATION TO RECOGNIZE A MEDIATOR

(See Rule 2(4))

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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)

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General Information: 1. Code of conduct ☐ Yes ☐ No If yes, please attach copy of proof 2. Fee structure / schedule ☐ 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 5. Independent Mediator Registration Fee: (Attach evidence of payment Rs. 5,000/-) 6. Independent Mediator Annual Re-Registration Fee: — (Attach evidence of payment of Rs.1,000/-) Declaration by Applicant 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 Documents to be attached: 1. Copy of CNIC 2. Copy of NTN 3. Copy of professional degree 4. Copy of mediation training certificate 5. Copy of declaration 6. Copy of international affiliation certificate, if any 7. Registration Fee payment evidence 8. Fee schedule 9. Copy of code of conduct For Office Use Only: Application Received on: — Site Inspection of Mediation Facility carried out on: — Application status: Granted ☐ Declined ☐ Re-apply after Six (6) Months ☐ Independent Mediation Registration No.: — Approval Authority: