Analyzing The Effectiveness of Formal Dispute Resolution Mechanism in Khyber Pakhtunkhwa, Pakistan: Issues, Challenges and Way Forward

Abstract

Dispute resolution mechanism (DRM) has primarily complemented  the formal judicial system by providing quick and  cost-effective  solutions to the disputants. The Khyber Pakhtunkhwa (KP) province has a rich history of DRMs based on conventions and tribal traditions in the form of Jirga System. An effective DRM plays a crucial role in maintaining peace and order in the province. This study focuses on the formal DRM available in KP under the Alternate Dispute Resolution (ADR) Act, 2020 because it has an overriding effect on all previous formal DRMs. This paper critically analyzes DRM under ADR Act. The study examines ADR Act from the theoretical and practical perspectives. Both Primary and secondary data have been used in the study. The primary data (qualitative and quantitative) collection techniques include interviews, documents analysis, observational insights and questionnaire. Moreover, analytical tools like legal framework analysis and SWOT are used. It is observed in this paper that people are not optimally relying on ADR, rather they are using other means (informal Jirgas or resorting to force). This policy paper finds that ADR mechanism in KP faces different legal, administrative and societal challenges. The issues include lack of awareness and weak implementation mechanism.  The situation demands further refinement and transformation of the ADR Act. The study provides pragmatic steps to enhance effectiveness of ADR in the province. The improvements include both administrative actions and amendments in the ADR act to make it a more conducive DRM in KP.