65277 OCTOBER 2011 ABOUT THE AUTHORS Empowering Women in Pakistan NAVIN MERCHANT is an Operations Officer and is Commercial Alternative Dispute Resolution Mechanisms Program Manager leading the ADR Program in the Middle East and North Africa. She was An overburdened court system adds to the disadvantages of women in Pakistan (see a Senior Advocate in Pakistan Box 1). Women entrepreneurs who lack the time and resources to battle a dispute in with over 17 years of experience and joined AS the courts also run the risk of being victimized for highlighting their problems. MENA in 2006. An accredited mediator and a master trainer, Mediation provides a valuable alternative, allowing women and others to settle Navin has academically disputes out of court. As a dispute-settlement mechanism, alternative dispute debated ADR at various levels and has been associated with resolution (ADR) is gaining prominence and increased application in most parts of the Aga Khan Conciliation and Arbitration Board at national the world. Its benefits are several. However, for countries where the justice system and global levels. lacks efficiency, embracing ADR is also difficult. In 2006, IFC launched an ADR project ISFANDYAR ALI KHAN with a goal of institutionalizing mediation for the first time in Pakistan. Although is an Associate Operations Officer and is managing the the project had no provision for separate gender activities, opportunities were ADR Project in Pakistan. A created for reaching out to women entrepreneurs and others. This SmartLesson barrister by training, he has worked in the justice sector for relates our experiences and the lessons we learned, demonstrating in particular how the donor community. Isfandyar is an accredited gender became an integral part of the project — and the impact it gained over time. mediator and member of the Chartered Institute of Arbitrators, London. Background APPROVING MANAGER Box 1: The Court Environment in Pakistan— Magdi M. Amin, Manager, IFC Advisory Services in Middle East and North How It Affects Women Investment Climate Advisory, Africa (AS MENA) has been instrumental in MENA. leading commercial alternative dispute Pakistan’s formal justice system is resolution in MENA countries. Its ADR Project overwhelmed by disputes filed in courts. in Pakistan, which was piloted for the MENA Delays in processing cases—with too many region, concentrated on laying foundations adjournment applications—defeat any efforts for commercial mediation in the city of Karachi, with the following aims: to mitigate lengthy court procedures. With a strongly litigious culture and with parties • Establishing an independent mediation eager to have “their day in court,� dispute center; settlement through the formal justice system is not for the fainthearted! • Proposing law reforms in the field of mediation; For women in particular, courts are not a welcoming place. Women going through the • Training mediators, master trainers, judges, court process not only incur expenses for and lawyers in ADR and mediation; visiting courts, but they are also looked down upon by male members of society. Hardly any • Creating awareness in the field of ADR; and decent seating is available for women in • Reviewing ADR curricula for law schools in courts at the district level. And Pakistani Karachi. courts are open to the public at large, which means that confidentiality is nonexistent— The overall objective of the pilot project was various facets of the disputes become known to improve dispute settlement for the private to the “world,� sometimes affecting the sector, because contract enforcement in status or honor of women litigants. Pakistan not only is time consuming but also is SMARTLESSONS — SEPTEMBER 2011 1 discouraging investments and blocking assets of businesses in disputes pending adjudication in courts — for as long as 5–10 years! The project was successful in achieving its objectives in an extremely volatile and fragile political environment, where judges of superior courts had to take an oath considered to be unconstitutional in a situation where an emergency was declared, or new judges were appointed, which was said to be unconstitutional. The mediation center launched its activities a couple of weeks prior to the judicial crisis in Pakistan and has survived opposition from skeptics since then. Since the project’s launch — and especially at the time when its client, the mediation center, Karachi Center for Dispute Resolution (KCDR), started providing mediation services — the project lost its initial champions in the local Reception area of Karachi Center for Dispute Resolution. High Court to the judicial crises and could not move forward Photo courtesy of KCDR as planned for about two years. It was almost impossible for the team to achieve project goals, activities, and impact, let alone focus on integrating a gender component. However, team successfully introduced a gender component at a later as the situation normalized, the project team had the idea stage, it was generally felt that the next phase of the ADR of focusing on women entrepreneurs and litigants as a way project would need to be designed with a gender to expand mediation services and increase the development component at the outset, and that the Sustainable Business impact. Advisory team in MENA and the gender team at HQ would be involved in project design. Thanks to the experience of Lessons Learned the pilot ADR Project, a gender dimension has been built into the design of Phase II of the Pakistan Projects as well as 1) Integrate a gender component at the project design four other ADR Projects at IFC Middle East and North Africa. stage. 2) Design the mediation center to address the needs of Gender considerations must be included within all IFC women. Advisory Services projects as natural integration, rather than waiting for an opportunity — or the right time — to The mediation center was established by AS MENA in an think about this vulnerable segment of society. We had to accessible residential area not far from the District Court learn this lesson. At the initial concept stage, there was no and the High Court. With a conference room and three intention to include gender as a separate component in the breakaway rooms for parties to confer, the Karachi Center project design — or to make any special effort to reach out for Dispute Resolution provides an environment where to women entrepreneurs. However, as the project disputants can take their cases to be resolved without fear progressed, the team did reach out to women entrepreneurs, of an adversarial process of the sort that is prevalent in the not only to expand the desired impact but also to make it courts. easier for women to resolve their disputes. For women, the unique selling point of KCDR is the Even though the project had no separate budget to reach confidentiality and flexibility of a process where the out to women entrepreneurs, the team encouraged technicalities and formalism of the court system are virtually participation of women in training and awareness events. nonexistent and women can trust a professional mediator The project hosted a series of training sessions on ADR and to put parties at ease and on an equal footing. Women also mediation and gave specific attention to attracting female can choose to have a female mediator help them resolve applicants. Out of 49 accredited mediators on KCDR’s panel their disputes. It is probably a coincidence that the of mediators, the project team was proud to have 11 mediation center has been recruiting female staff as women mediators. Furthermore, 5 of the 13 master trainers corporate secretary and case administrator. Women are women. This is indeed an accomplishment and therefore have been more receptive to the presence of showcases the development impact by integrating the female case administrators and female mediators. gender component into the Pakistan ADR project. To date, 574 women have participated in awareness-raising 3) Pro bono mediations can help introduce ADR to workshops and seminars on ADR and mediation since the women litigants. project’s inception. In preparing for gender-inclusive activities, the project team This encouragement of female participation was also seen introduced pro bono mediations through pilot “mediation in working on awareness raising and case referrals with weeks� on the premises of the city court in Karachi, where women chambers of commerce and industry in Karachi and suitable cases — in which one of the litigants is a woman with the First Women Bank Ltd. Although the ADR project — could be referred to mediation. Women who had been 2 SMARTLESSONS — SEPTEMBER 2011 In retrospect, pro bono mediation weeks were crucial in helping women resolve their disputes, thereby saving time and money. However, pro bono mediations are not sustainable and can be so only if local legal aid mechanisms include mediations as one form of dispute settlement. The project team also benefited from having women mediators who supported the activity by providing litigation mediation services for women. This served as a lesson for future activities for women. Through pro bono mediation weeks, it also became clear that female litigants often — except in disputes of a corporate nature — are accompanied by male members of the family. This actually is helpful for the women, because sometimes it is necessary, even crucial, that the men be involved in reaching a settlement. A female litigant provides details about her case during 4) Women participants often become gender ADR mediation week at City Courts, Karachi. champions. Photo courtesy of KCDR The women whom the project trained as mediators and master trainers also work in different professions, and they pursuing their cases in courts for years were pleasantly promote the use of mediation among the women they surprised at how quick the process was, with a majority of work with. Women mediators who participated in pro disputes being settled within hours and not years. The pro bono mediation weeks were committed to supporting the bono mediations motivated courts to refer cases for awareness-raising events of IFC and KCDR. This proves the mediation, which also served as a learning tool for lawyers point that providing equal opportunities to women can who had not represented clients in mediation before. inspire them to act as brand ambassadors and promoters of the mediation concept. As a result of the pilot mediation week’s success, the Women Development Department of Sindh province asked KCDR to develop a proposal for mediation and ADR training throughout the province. Generally, governments have limited budgets and are criticized for not allocating funds for initiatives that are aligned with needs of the people. However, to enhance access to justice for women groups, the provincial government allocated $127,900 for the gender pro bono mediation project, and KCDR has been accepted as the lead — and only — institution that can provide such services in Pakistan. We anticipate that KCDR, with funds approved and with the help of mediators and master trainers, will initiate this activity to provide mediation and training services to target female audiences across Sindh province, where the concept Participants in a gender awareness-raising session in Karachi, of mediation will be properly understood and mediation organized for women academics, include IFC staff and will be resorted to by women who have limited access to consultant, the president and director of KCDR, and women justice. This illustrates the need for collaborating with government agencies that work on gender issues. This academics of Karachi. initiative is extremely promising, and the government considers it to be positive and a potential ongoing program for women. It is evidence that the project has certainly 5) If gender elements are missing in the original project made an impact on how KCDR is perceived by government design, identify them - and incorporate them into the and other institutions. next phase or project. The High Court of Sindh in Karachi has noted the benefits At the close of the pilot project, in preparing for Phase II, of mediation and a mediation center such as KCDR and is the ADR team identified a number of activities that could eager to consider development of an ADR center for have been implemented if a gender-inclusive mediation Karachi under the umbrella of the Sindh High Court. This is intervention had been part of the original design of the expected to help women litigants, among other ADR project. For example, the following activities have beneficiaries, access mediation services within the premises been planned for after the close of the pilot project and as of the courts without giving the impression of a parallel part of Phase II for the cities of Karachi and Lahore: judicial system. SMARTLESSONS — SEPTEMBER 2011 3 • Gender sensitization sessions on ADR for “These projects are great examples of how women working in corporate, legal, working gender into programs can help judiciary, academia, banking, and business teams reach more people and achieve more fields, as well as women from the not-for- development impact.� profit sector; Lars Thunell, • ADR documentary highlighting benefits of Executive Vice President and CEO of IFC ADR and use of mediation services by women; • Special awareness events for women Note: A helpful knowledge tool for designing the chambers of commerce and industry; and gender component of a project is the recently launched publication Gender Dimensions of • Close working relationship with First Investment Climate Reform — A Guide for Policy Women Bank Ltd. Makers and Practitioners. These activities will provide opportunities for the project team to convey its dispute-settlement message and at the same time offer women entrepreneurs guidance and assistance in dealing with disputes. Box 2: Outcome and Impact The following statistics illustrate the successes of the ADR Project in Pakistan: • 294 cases involving women litigants have been referred for mediation. • $1.69 million has been released for women entrepreneurs. • 574 women participated in awareness raising, training, and other events. Conclusion Through this project, the team gained experience in the gender mainstreaming of project activities. This experience was also instrumental in the systemic inclusion of gender in all projects, such as Morocco, Egypt, Lebanon, and Afghanistan. We also learned that government can provide funds in support of an DISCLAIMER innovative approach, and that visibility matters SmartLessons is an awards in the layout of a mediation center — it must be program to share lessons learned safe and inviting for women who shy away from in development-oriented advisory courts or who do not wish to be seen on the services and investment operations. The findings, premises of courts. We consider this pilot a interpretations, and conclusions success on several levels (see Box 2), but to expressed in this paper are those ensure future successes, the project design stage of the author(s) and do not needs to be well planned — with the gender necessarily reflect the views of IFC or its partner organizations, the elements built in and relevant departments Executive Directors of The World involved. Meanwhile, the ADR Pilot Project in Bank or the governments they Pakistan won the 2010 IFC CEO Gender Award. represent. IFC does not assume any responsibility for the completeness or accuracy of the information contained in this document. Please see the terms and conditions at www.ifc.org/ smartlessons or contact the program at smartlessons@ifc.org. 4 SMARTLESSONS — SEPTEMBER 2011