Comparative Analysis of ADR and Conventional Legal Systems in Former FATA

Abstract

This study provides a comprehensive comparative analysis of alternative dispute resolution (ADR) mechanisms and traditional legal systems in the former Federally Administered Tribal Areas of Pakistan (FATA). It examines the performance, accessibility and cultural significance of the ADR agreement, in particular the jirga system, and compares these features with the formal judicial framework. ADR demonstrates flexibility, cost-effectiveness and cultural alignment, offering faster, community-focused solutions tailored to the region's social and cultural dynamics. However, biases, human rights concerns and enforcement challenges are key issues. By contrast, the formal legal system ensures legal certainty and the enforcement and protection of human rights, but is hampered by high costs, procedural complexity and limited access in remote areas. This study calls for a hybrid model that integrates the cultural sensitivity of ADR with the legal rigor of the formal system to ensure justice.