-: KCDR :- News & Events

Karachi, January 26, 2009:
KCDR to provide conference facilities and services for arbitration proceedings

Karachi Centre for Dispute Resolution (KCDR) has decided to provide its conference facilities and services of its staff for arbitration proceedings. This decision will assist lawyers, their clients and arbitrators to hold arbitrations in a formal setting.
KCDR has one conference and three breakaway rooms which can serve parties arbitrating disputes. It is pertinent to note that KCDR is member of the Asia Pacific Regional Arbitration Group and supports alternate dispute resolution initiatives. Provision of its facilities for arbitrations is addition to other services it provides which includes mediation and trainings.

Click here to download the details of facilities
Please contact Director KCDR for further information for holding arbitrations

Karachi, December 5, 2008:
KCDR to Hold Mediation Training for Lawyers

In order to create awareness among lawyers and develop their understanding, capacity and skills in mediation and alternate dispute resolution (ADR), KCDR will be holding 2-day training on 29th, 30th and 31st December 2008 at its own premises. Participation is limited to 16. Training will be delivered by KCDR registered foreign accredited mediators and master trainers. For further information about the course and earlier bookings, please contact Ms. Samina Noman at KCDR.

November 14, 2008-Karachi:
IFC organizes seminar to Help Resolve Disputes amongst Family Businesses in Pakistan

IFC, together with the Karachi Center for Dispute Resolution (KCDR), IFC's ADR project, organized a training seminar on 14 November to help certified mediators from the Center acquire new skills to resolve corporate governance disputes involving family businesses. The seminar brought together experts in corporate governance to provide mediators with new tools on how to resolve corporate governance disputes resulting from flawed corporate governance practices. Most of these disputes happen in family-owned companies, which make up about 70 percent of the market in Pakistan.

Research shows that most family businesses are at risk because of disputes in their third generation, said Khawar Ansari, Manager for IFC’s Pakistan Corporate Governance project. We believe that if mediators have a clear understanding of the rights of shareholders in a company, they will play a vital role to help companies resolve disputes between owners and other key stakeholders.

Small and medium enterprises, including family businesses, routinely deal with litigation that can take over 10 years to resolve. The enormous backlog means that cases can cost a company around 35 percent of its assets and pose a threat of insolvency.

Commenting on the usefulness of the training, Umaimah Anwar Khan, a corporate lawyer and certified mediator, said: Litigation presents many challenges for protection of shareholders rights. It is lengthy and expensive. The training provided an opportunity to learn ideas and exchange views on the potential of Mediation in settling such disputes out of court. It is pertinent to note that IFC's Alternate Dispute Resolution (ADR) Project for Pakistan has been taking lead in institutionalizing ADR and mediation so that disputes are settled out of court and small and medium enterprises are able to utilize their assets for business growth. Navin Merchant, ADR Program Manager for the MENA region highlighted some of the Project's success achieved so far. "The ADR Project in Pakistan has not only helped in setting up of KCDR but it has also been able to train professionals of diverse fields in mediation. Private sector can take advantage of foreign accredited mediators registered at KCDR and refer cases to it. Businesses will no doubt appreciate benefits of using mediation. For example, mediation saves time and expenses for the disputants. Furthermore, due to confidentiality of the process, legal rights of the parties are not affected. The Pakistan ADR Project is working closely with the judiciary and the private sector for creating awareness of mediation concept and its benefits for stakeholders".

IFC’s Pakistan Corporate Governance project aims to improve governance practices in Pakistani banks and companies. As part of the project, IFC is working closely with the Pakistan Institute of Corporate Governance and private-sector companies. Pakistan, like other frontier markets, needs greater private sector development to create jobs, raise living standards, and reduce poverty. IFC provides advisory services in the country to remove obstacles to the growth of smaller businesses.

October 8, 2008-Karachi:
SBP told to mediate between banks and defaulters

The Sindh High Court advised the State Bank of Pakistan on Wednesday to provide for mediation between creditor banks and alleged defaulters in the loan recovery policy being formulated by it.
Recourse to alternative dispute resolution should help settle default cases expeditiously without resort to courts or use or threat of force by bank recovery teams, a division bench consisting of Justices Khilji Arif Hussain and Bin Yamin told SBP counsel Iqbal Haider when he stated that a uniform recovery policy was being worked out as desired by the court. A draft had been sent to the Pakistan Banking Council for its opinion and recommendations, Mr Haider informed the bench.

A division bench previously seized of a petition moved by a businessman against his harassment by bank recovery squads had directed the SBP to submit a list of defaulters of up to Rs5 million whose loans were written off and formulate a uniform policy to recover bad debts. The list was sought to ascertain the criteria for loan remissions but the production was later deferred and the SBP was asked to frame and submit a recovery policy for commercial banks.

According to petitioner Anwar Mahmood, he had availed credit card and personal loan facilities from several commercial banks. He claimed to have paid in regular instalments a substantial part of the principal amounts he owed to banks and said he only defaulted on marginal amounts when he suffered a loss on account of fraud committed by his business partner. He said he was entitled to debt relief.

The petitioner submitted through Advocates Tahmasap Razvi and Haider Imam Rizvi that he was always ready and willing to repay the outstanding debt but wanted some relief by way of rescheduling and readjustment in view of his business losses. The banks instead started sending recovery squads. He was threatened and insulted by the recovery squads at his residence and business premises. The police declined to register a complaint or provide him protection from the recovery men.

The bench adjourned the hearing to Nov 4 to enable the SBP to produce a recovery policy and extended the restraint order against the harassment or use of coercive measures against the petitioner.

Shujaat Ali Khan
DAWN-Newspaper
9th October 2008
September 1, 2008-Karachi:
KCDR launches Internship Program

Karachi Centre for Dispute Resolution (KCDR) is pleased to announce its Internship Program for law students and law graduates. In pilot phase of the Program, two law students have successfully completed their respective internships of two weeks.

The purpose of KCDR’s Internship Program is to create awareness among law students and law graduates on operations of an Alternate Dispute Resolution (ADR) Centre and benefits of ADR and mediation. It is expected that with regular intake of interns, ADR and mediation as an ADR mechanism will be better understood.

KCDR’s Internship application procedure includes submission of a letter of intent and curriculum vitae.

For submission of applications and request for further information, please contact KCDR on (+92-21) 5879209 or email at info@kcdr.org

June 30, 2008-Karachi:
Workshop for Judges of Sindh Held at National Law University, Karachi

Karachi Centre for Dispute Resolution (KCDR) and Access to Justice Program (AJP) held a workshop for Judges serving as family/civil judges in Sindh Province. The workshop is a joint KCDR, IFC and AJP initiative with the purpose of enhancing understanding and application of family mediation as an Alternate Dispute Resolution mechanism. The 3 days workshop ended on 30th June 2008 and had financial support from ADB and Ministry of Law’s Access to Justice Programme.

June 27, 2008-Karachi:
KCDR and Access to Justice Program Hold Three Days Workshop for Judges of Karachi

Karachi Centre for Dispute Resolution (KCDR) and Access to Justice Program (AJP) held a workshop for Judges serving as civil, family, senior civil judges and judicial magistrates in Karachi. The workshop is a joint KCDR, IFC and AJP initiative with the purpose of enhancing understanding and application of mediation as an Alternate Dispute Resolution mechanism. The workshop will end on 27th June 2008 and has financial support from ADB and Ministry of Law’s Access to Justice Programme.

ADR mechanism provides litigants and parties contemplating litigation opportunity to resolve their disputes out of court as mediation saves time and costs of parties concerned. Mediation as an ADR mechanism provides flexibility to the parties wishing to resolve their disputes out of court and is a voluntary process. Courts and parties can invoke Section 89-A (read with Order 10 Rule 1A) of Civil Procedure Code, 1908 and a dispute could be referred to KCDR. If a dispute is settled through mediation, the same could be converted into a Decree through relevant court procedures. With mediation as an ADR mechanism in place, it is expected that backlog of cases in courts will be reduced if parties opt for it.

IFC, which is the private sector arm of the World Bank Group, has helped setting up of KCDR in early 2007 as part of its Alternate Dispute Resolution (ADR) Project. KCDR is an out of court dispute settlement facility approved by High Court of Sindh. KCDR has on its rolls foreign accredited mediators who provide mediation services. KCDR also has select number of foreign accredited mediators who have been trained as master trainers.

June 7, 2008
KCDR and IFC Concludes 2-Day Training on Conflict Resolution

Karachi: Karachi Centre for Dispute Resolution (KCDR) in collaboration with International Finance Corporation (IFC), private sector arm of World Bank Group, successfully delivered a 2 day course on “Conflict Resolution” at Sheraton Hotel, Karachi on 6th and 7th June 2008.

The Course was designed for professionals working in the field of human resources and administration and who deal with disputes from time to time. The Course focused on conflicts, mediations, handling of disputes and process involved in mediations which will improve mediation skills of human resource professionals and others with administrative and managerial roles. Role plays were also practiced by course delegates so as to practically perform various roles in a conflict situation. The course attracted important delegates including representation from banking, chemical, foods, utility and legal sectors. The Conflict Resolution Course was designed by KCDR’s foreign trained Master Trainers who are leading professionals in their own right.

Mr. Justice ® Saed uz Zaman Siddiqiqui, former Chief Justice of Supreme Court of Pakistan and Chairman KCDR considers training as an important tool in development of understanding of conflicts and resolution of the same through mediation. Commenting upon the instant course, Justice Siddiqui said, “KCDR’s Conflict Resolution Course and other courses to be delivered reflect KCDR’s interest in working with professionals and building institutional capacity of organizations to mediate upon work place and other disputes”. He also appreciated IFC’s support and initiatives in making this course a success.

Navin Merchant, IFC’s ADR Programme Manager for Middle East and Africa, has also appreciated the efforts of KCDR in engaging clients and stakeholders in its role as a mediation and training facility. Reflecting on the progress of the Project in Pakistan so far, Ms. Merchant said, “We have made some significant strides in institutionalizing ADR and mediation in Karachi-Pakistan. However, more efforts and further interventions are required to bring attitudinal change in how people see ADR and mediation in resolving their disputes”.

KCDR was established one year ago by IFC’s Pakistan Alternate Dispute Resolution (ADR) Project. KCDR’s awareness among stakeholders, especially lawyers and litigants are leading towards increase in referral of cases from Courts in Karachi, individuals and businesses. Mediation facilities at KCDR favour all businesses, particularly; small and medium enterprises that do not wish to litigate a dispute and are keen to unlock their blocked assets caught up in litigation. KCDR in limited period of 1 year has received about 70 cases and through mediation process released about 17.6 million US dollars (approximately Rs. 1.7 billion), through qualified mediators assisting parties to resolve disputes, parties having successfully resolved their disputes have saved time and costs. It is pertinent to mention here that accredited mediators are neutral individuals with no interest in the case, have to abide by mediators code of conduct and keep contents of the whole dispute confidential. KCDR have been approved by Sindh High Court, Karachi, Pakistan as a mediation facility.