COMPARATIVE ANALYSIS OF MEDIATION PRACTICES IN FAMILY LAW DISPUTES: PAKISTAN VS. INDIA AND BANGLADESH

Abstract

The paper provides a comparative analysis of mediation practices in family law disputes in Pakistan, India and Bangladesh. It commences by offering an introduction to the material relevance of mediation in relation to family law conflict resolution, followed then with a short statement about what this comparative study will seek to do. It proceeds to explore the constitutional arrangements of Pakistan, India and Bangladesh in detail with a comparative analysis pointing out their positives and negatives. Case studies demonstrate the success or failure of mediation services, and empirical research allows analysis of the relative effectiveness and efficiency in applying mediation to family law disputes at a turf level. The paper further examines the role that culture, social context and economic background play in acceptance of mediation as a dispute resolution process along with insights from sociological and institutional economics studies for an integrated perspective. Then explore the results of mediation practices in each country through detailed cases. These case studies are the best practices as well as lessons to be learned for improving mediation services in Pakistan. The paper then undertakes a comparative analysis of the key challenges and barriers to effective mediation in Pakistan, as well as their distinct manifestations both at international border with India or internal conflict between Bangladesh. In light of the results, it suggest certain measures to improve Mediation in Pakistan by replicating how effectively successful strategies adopted by India and Bangladesh. It concludes by synthesizing main findings derived from comparative analysis and discussing general impacts of mediation practices in family law disputes overall with implication for future research as well policy refinement to enhance ADR mechanisms within system at large scale