ACCESS TO JUSTICE: A CRITICAL ANALYSIS OF KHYBER PAKHTUNKHWA ALTERNATE DISPUTE RESOLUTION ACT 2020

Abstract

Alternate Dispute Resolution scheme is not a novel idea; rather it existed in diverse forms throughout history. These forms have been shaped by certain fundamental principles, aiming to provide socio-legal security to society in conjunction with the formal justice system. Many countries have adopted this complementary system as support to their judicial systems for needs of society. In order to assimilate this informal judicial system into, proper mechanism need to be established through legislation. However, instead of providing a comprehensive legislative framework, the Khyber Pakhtunkhwa Government has implemented an indemnified bureaucratic system, which crafted a pathway for sluggish litigation. This paper critically examines existing alternate dispute resolution mechanism of Khyber Pakhtunkhwa. Instead of supporting the existing adjudicating system, it undermines efficacy of existing legislations by ignoring role of stakeholders having experience and knowledge in the process of dispensation of justice. Therefore, it is suggested that apposite, bifurcated laws with discrete regulations be enacted for different categories of disputes. Furthermore, this mechanism should be implemented through the existing justice system to establish a dynamic framework for alternative dispute resolution. This approach will inculcate confidence in society, enabling them to embrace alternative dispute resolution without hesitation. Keywords: Alternative Dispute Resolution (ADR), Khyber Pakhtoonkhwa ADR Act, 2020, Critical Analysis of Khyber Pakhtoonkhwa ADR Act, 2020, Comparative study of Khyber Pakhtoonkhwa ADR Mechanism, Analytical study of Khyber Pakhtoonkhwa ADR Mechanism.