The Institute of Business Administration (IBA) Karachi through its Center for Executive Education (CEE) launched the IBA Dispute Resolution Forum (IBA-DRF), to promote mediation as an appropriate means of resolving disputes, particularly in the civil/commercial space. The IBA-DRF is inspired by the Harvard Negotiation Project, a project of Harvard University on the issues of negotiation and conflict resolution.
The IBA-DRF is spearheaded by the ADR Team at IBA comprising of the following individuals; Navin Merchant (Convenor), Nausheen Ahmad, Altaf Qureshi, Sohaib Saleem (Focal Person).
The IBA-DRF seeks to implement court based or non-court-based practices of dispute resolution and negotiation, by working on real world disputes, improving conflict intervention methods, providing education and training, and writing and disseminating conflict resolution techniques and practices.
What is Mediation?
Mediation is a process conducted by a neutral person who assists the parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle the terms of resolution. More and more disputes are now being resolved through mediation globally. It is particularly effective in Asia as the process of mediation is inspired by Asian values of community, family, harmony, and collectivism.
Why choose Mediation?
There are numerous advantages of choosing mediation over arbitration or litigation such as:
- Mediation is conducted by a neutral third party; the Mediator;
- Mediation is quick and is inexpensive;
- Mediation is without prejudice and confidential;
- Mediation involves party representatives with sufficient authority to settle;
- Mediation is flexible - the process is to be designed and managed by the Mediator to suit the parties, in consultation with them;
- Mediation puts the parties in control to decide for themselves (unlike litigation/arbitration);
- Mediation enables the parties to devise solutions which are not possible in an adjudicative process such as litigation or arbitration, and which may benefit all the parties, particularly if there is a possibility of continuing relationship between them;
- It can be used in both domestic and international disputes, two-party and multi-party disputes, and whether or not litigation or arbitration has been commenced.
- If settlement terms cannot be agreed through mediation or if the mediation process fails at any stage, the parties can revert to the pending litigation or arbitration.
Why choose IBA-DRF to resolve your disputes?
IBA Dispute Resolution Forum's Panel of Mediators includes experienced accredited mediators with various professional backgrounds, which allows the parties a wide range of options for the selection of their mediators or neutrals according to the nature of the dispute. IBA-DRF also requires its mediators to demonstrate a commitment to continued professional growth in the underlying principles and competence in mediation skills.
With a staff of experienced international lawyers, the IBA-DRF not only handles the settlement of disputes but also provides support in contact drafting. A properly drafted dispute resolution clause will help ensure that your interests are protected when a dispute arises. We provide a variety of model clauses exactly for this purpose. Parties, themselves can also draft their own clauses to suit their specific needs.
Barrister Altaf Qureshi
Altaf is a barrister of England and Wales and an advocate of the High Courts of Pakistan. He is a partner at Ijaz Ahmed & Associates and an associate member of Hardwicke, Lincoln's Inn, visiting faculty at IBA, a member of INSOL International, a member of the International Bar Association, a member of Select Counsel in San Francisco and a mediator with ADR ODR International. Altaf holds an LL.B from SOAS, University of London, an LL.M from Columbia University.
Mohammad Sohaib Saleem
Sohaib is a lawyer and an Assistant Professor at IBA Karachi where he teaches corporate and commercial laws. He has worked as a corporate in-house counsel in large corporates such as Karachi Electric, Pakistan State Oil and Kalsoft. He has studied Negotiations and International Commercial Arbitration from UC Berkeley. Sohaib holds an LL.B from University of London and an LL.M from University of California, Berkeley.
Nausheen Ahmad holds an LL.B. from Kings College, London, an LL.M. degree from the University of London and a degree in the Philosophy of Religion from Kings College, London. She was called to the Bar from the Honourable Society of Grays Inn London and is registered as an Advocate of the Sindh High Court. She was also accredited as a mediator and master trainer by the Centre for Effective Dispute Resolution, UK.
She currently serves as the General Counsel, Company Secretary & Head of Corporate Communication and Public Affairs at ICI Pakistan Limited. Having spent over three decades in the corporate sector, Ms. Ahmad brings with her a tremendous amount of experience and expertise in the legal field, as well as proven leadership skills. She began her legal practice with the corporate law firm Surridge and Beecheno. Later, she went on to hold the position of Legal Counsel at Pakistan Petroleum Ltd., Unilever Pakistan Ltd. and ICI Pakistan Ltd. before moving onto Habib Bank Limited as the Company Secretary and General Counsel.
Ms. Ahmad was Non-Executive Director of First Women Bank Limited (FWBL) and played an active role in setting up the Pakistan Mortgage Refinance Company (PMRC). She currently serves as Independent Director on the Boards of Meezan Bank Ltd and International Steels Ltd. With her strong interest in Corporate Governance and Training, Ms. Ahmad has been undertaking training assignments with the Institute of Business Administration (CEE) and the Pakistan Institute of Corporate Governance, Karachi.
Navin practiced law as a litigating attorney in Pakistan for 18 years from 1988 -2006 at Merchant Law Associates as a senior partner. In 2006, Navin joined the World Bank Group as a program head of the Middle East and North Africa (MENA) for establishing Alternate Dispute Resolution (ADR)/ Mediation practices with the superior courts and law ministries of the MENA countries. After 7 years stint at this job, in 2013 she resumed her law practice at Merchant Law Associates as a senior partner.
Navin holds diploma in ADR / Mediation from York University, Canada and is a CEDR accredited mediator and a master trainer. She is a regular faculty and a trainer of ADR at the Sindh Judicial Academy, Pakistan, Legal Aid Society and Aga Khan conciliation and Arbitration Boards and has conducted numerous mediation trainings nationally as well as internationally. Navin has also conducted a train the trainer courses for the mediation trainers.
Navin served as a member of the Aga Khan International Conciliation and Arbitration Board, Aga Khan National Council of Pakistan, Aga Khan Housing Service of Pakistan, Aga Khan Foundation, Aga Khan Education Service of Pakistan and as an honorary Secretary of the Board of Governors of Aga Khan Hospital and Medical College Foundation (AKU).
News & Events
- Pakistan & Gulf Economist: https://www.iba.edu.pk/News/mc-disputeresolutionforum-pakistan-gulfeconomist.pdf
- The News: https://www.thenews.com.pk/print/547107-iba-launches-dispute-resolution-forum
- News Pakistan: https://newspakistan.tv/dispute-resolution-forum-launched-by-karachi-iba/
- Urdupoint: https://www.urdupoint.com/en/pakistan/iba-karachi-launches-dispute-resolution-foru-746964.html
- The Week: https://theweek.pk/iba-karachi-launches-dispute-resolution-forum/
- Jehan Pakistan: Photo Release 1 | Photo Release 2
- 92 Newspaper: https://www.iba.edu.pk/News/images/mc-disputeresolutionforum-92newspaper.jpg
- Awami Awaz: https://www.iba.edu.pk/News/images/mc-disputeresolutionforum-awami-awaz.jpg