Abstract :
This paper examines the role of mediation in divorce cases in Pakistan, with a particular focus on its impact on women’s rights. Divorce in Pakistan often involves significant emotional, financial, and social challenges, particularly for women, who are often disadvantaged in traditional court proceedings. Mediation, as an alternative dispute resolution (ADR) method, offers a non-adversarial, confidential, and faster approach to resolving family disputes. Through a review of existing literature, case studies, and government reforms, the paper highlights the benefits of mediation, including empowerment, privacy, and the ability for women to assert their rights regarding maintenance, child custody, and property division. However, the paper also identifies several challenges to the effective implementation of mediation for women in divorce cases, such as power imbalances, cultural barriers, and a lack of enforcement mechanisms. Women’s economic dependency, social stigma, and limited access to legal resources often prevent them from fully benefiting from mediation. The paper explores recent legal reforms and court-annexed mediation initiatives, such as those by the Islamabad High Court, and proposes policy recommendations to ensure gender-sensitive mediation processes, while mediation offers significant potential for improving divorce outcomes for women in Pakistan, addressing gender biases, cultural norms, and legal enforcement is essential to make it a more equitable and empowering process for women seeking divorce. Future research should focus on training mediators, expanding legal aid, and increasing public awareness of mediation’s advantages, with the goal of creating a more supportive legal environment for women in Pakistan.