Developing a legal framework for enhancing traditional dispute resolution in Pakistan

Abstract

This thesis examines the evolution and potential reform of Alternative Dispute Resolution (ADR) mechanisms, focusing on traditional dispute resolution practices in Pakistan and drawing a comparative analysis with the community mediation system in Australia. The primary aim is to assess the functionality, limitations, and human rights implications of Pakistan’s customary dispute resolution methods, including Jirga, Panchayat, Faislo, and Balochi Jirga, which are widely practised in rural and tribal areas. Although deeply rooted in the cultural fabric of Pakistani society, these informal systems operate outside formal legal frameworks. This disconnect poses significant challenges to equitable justice and often leads to severe human rights violations, disproportionately affecting women and children. The thesis also examines Pakistan's existing ADR laws, evaluating their adaptation, compatibility, and procedural effectiveness. While ADR is inherent to Pakistan’s customary practices, current laws require reform to ensure community mediation is effectively integrated into the formal legal system. In contrast, the study examines the well-established community mediation system in Australia, which has evolved with strong institutional and legislative support. The research highlights key components of Australia’s ADR model, such as community mediation centres, robust legislative frameworks, and the integration of Indigenous conflict resolution practices. Drawing on qualitative research including semi-structured interviews with legal scholars, community leaders, and experts in both Pakistan and Australia, this thesis critically analyses the potential for harmonising traditional practices with modern legal standards. The findings underscore the urgent need for a comprehensive legal framework that ensures transparency, accountability, and compliance with human rights while preserving the cultural significance of traditional systems. The research proposes a structured model for community mediation in Pakistan that capitalises on the strengths of traditional methods while addressing their inherent flaws. Ultimately, this thesis contributes to the field of law by offering a roadmap for formalising customary dispute resolution, providing crucial insights for legal scholars, policymakers, and practitioners involved in legal reform in Pakistan.