Friday, January 4, 2013

Development & Popularity of ADR in Bangladesh

The Civil Procedure Code (Amendment) Act, 2002 has been enacted to introduce Alternative Dispute Resolution (ADR) system for early and consensual disposal of civil suits. Section 89A and 89B have been inserted to allow parties to settle their disputes in suits, through mediation or arbitration. In the mediation procedure, the court may take initiative to settle the dispute in the suit by itself or by making reference to independent mediators[1]. Under section 89B parties will be allowed to withdraw pending suits and have those settled through arbitration. The provisions have been made effective from 1st July 2003.
The Ministry of Law has undertaken different measures to motivate and sensitize judges, lawyers and the litigant public about the merits and advantages of the ADR. Workshops, seminars, training programs have been organized for judges, lawyers and court support staff in the divisional headquarters and selective districts. A widely acclaimed documentary film titled "Settlement of Disputes through Mediation" has been made and shown to the participants and the stakeholders all over the country.
ADR system is gaining popularity. This procedure will help to reduce the huge backlogs of civil cases in courts. Public confidence in the judiciary will thereby increase. Access to justice will be expanded[2]. The provisions will also help develop a new culture of consensual settlement of disputes doing away with the existing adversarial procedure. It will help protect and preserve cohesion and fraternity in society.
ADR has been both; increasingly used alongside, and integrated formally, into legal systems internationally in order to capitalize on the typical advantages of ADR over litigation:
  • Suitability for multi-party disputes;
  • Flexibility of procedure - the process is determined and controlled by the parties the dispute;
  • Less complexity ("less is more");
  • Parties choice of neutral third party (and therefore expertise in area of dispute) to direct negotiations/adjudicate;
  • Likelihood and speed of settlements;
  • Practical solutions tailored to parties’ interests and needs (not rights and wants, as they may perceive them);
  • Durability of agreements; 
  • Confidentiality; and, 
  • The preservation of relationships.

[1] Halim, Md. Abdul, ADR in Bangladesh: Issues and Challenges, 2nd Edition (January, 2011), CCB Foundation, P.76
[2] Hoque, Kazi Ebadul Houqe, Administration of Justice in Bangladesh, Asiatic Socity of Bangladesh, Dhaka (2003), P.102

No comments:

Post a Comment