A comparative study of community mediation in Malaysia and Jirga system of Khyber Pakhtunkhwa in Pakistan

Abstract

Community mediation is a tremendously helpful programme that empowers people to resolve their local disputes within the community, and avoid the lengthy and expensive procedure of courts. In Malaysia, under the federal government, the the Department of National Unity and Integration (DNUI) has introduced a community mediation programme. However, other bodies like Malaysian Mediation Centre (MMC) and Kuala Lumpur Court Mediation Centre (KLCMC) are also providing mediation services to the communities which are economical, time-saving and speedy. The Malaysian government updated the traditional method of dispute resolution to make it contemporary and updated legal framework as well as organisational structure of community mediation. In Pakistan, Khyber Pakhtunkhwa (KP) province, the traditional method Jirga system for dispute resolution is still in practice without a proper legal framework and organised structure. Nevertheless, in different Pakistani statutes, there are some provisions regarding mediation and other mix mode of Alternative Dispute Resolution (ADR) but there is no specific legislation for community mediation. The provincial government of KP and Peshawar High Court has established a mediation centre, but the outcome is not satisfactory. Thus, to modernise the practice of community mediation in KP, a comprehensive legal framework and suitable organisational structure similar to traditional and institutionalised Jirga community mediation programme is needed. The main objective of this dissertation is to study the practice of community mediation programme, the structure of mediation centres, and the appointment of community mediators in Malaysia; and to propose the recommendations for a legal framework and structure of community mediation in KP. The doctrinal method of legal research has been applied in this research. The major part of this research is based on comparative study of laws and practice of community mediation in both jurisdictions.