Analyzing Alternative Dispute Resolution mechanism: DRCs in Khyber Pakhtunkhwa’s Criminal Justice System

Abstract

Conflict resolution has established an eminent place in literature over time. Scholars and practitioners have extended efforts toward devising alternative mechanisms for resolving conflict at a local level. In the previous decade, there have been efforts aimed at strategizing effective mediation approaches among disputed parties under the auspices of Alternate Dispute Resolution (ADR), resulting in the formation of Dispute Resolution Councils in Khyber Pakhtunkhwa. Disputes on the local level have the tendency to spiral into violent conflict resulting from the lack of effective means caused by the abject failure of the criminal justice systems. ADR strategized as DRC can provide a credible and timely process for resolving differences. The qualitative-based research examines the strengths and weaknesses of DRCs, what we know and what is yet to be known about the growth and impact of the initiative. Such an analysis will aid us in comprehending the structural and operational dynamics of the councils. The techniques set up by the council have the tendency to strengthen dispute settlement systems and bridge the gap between formal legal systems and traditional modes of acquiring justice. It is necessary that the specific Pashtun context be examined as centuries-old systems Jirga as a tenet of Pashtunwali holds immense significance when resolving disputes in the province of Khyber Pakhtunkhwa. The case of Peshawar, which is considered an urban setting as opposed to the remainder of the province, is studied in terms of Dispute Resolution Councils’ effect iveness. The role Jirgas play in justice provision is an aspect that is covered alongside the communit ies’ approach towards moving to a formalized method of ADR. DRC may have particular value in stabilizing disputes and community-building efforts when the criminal justice system is weak and social tensions are high. For Pakistan Vision 2025, the National Internal Security Plan decodes the importance of developing measures for the promotion of security and peacebuilding. This indicates the importance of initiatives like the DRC being a strategic effort of community engagement towards conflict resolution, social cohesion, and peace