Monday, January 28, 2013

How ADR Can Take Role to Access to Justice?

Use of formal court system requires resources unavailable to sector of the population formal court system are biased against women minorities or other groups illiteracy prevents part of the population from using formal court system. Distance from the courts impairs effective use for rural population. ADR can be effective successful in some cases where ordinary court of law cannot even take a decision. There are below:

Pacific Settlement
Any dispute settled by any for of ADR ends dispute harmony. Both the parties remain happy in such resolution. There exists a 'win-win' situation in ADR, which is opposed to 'win-loss' situation in ordinary litigation. Again there is a possibility that an access on being proved guilty may attempt to commit further crises in order to traumatize the victim thus a vicious cycle is created. ADR relieves such tension and thereby reduces conflict in a society.

Reducing the Formality of the Legal Process
Several studies indicate that the formality of Court systems intimidates and discourages use in Bangladesh. The court requirement of legal representation is both costly and intimidating for people who may not be comfortable interacting with lawyers form a different class ADR can play vital role to overcome this problem.

Counteracting Discrimination and Bias in the System
When courts are systematically biased against particular group, such as minorities or women ADR program can sometimes help provide some measure of justice. In Bangladesh the courts often poorly protect women. Some NGOs sponsored ADR program take special initiative in this regard as the MLAA mediation program has procreative women to serve on mediation panels in the village mediation program. Women who have used the system believe that they receive better protection and more compensation from this system than from the formal court system.

Speedy Disposal of Disputes
ADR saves time of the parties to the dispute. Since ADR follows informal procedure the parties to the dispute can get their remedy earlier. In a curt of law the court has to follow many formalities has to hear every concerned party. Witnesses and verify necessary documents. Thus a case may run for more than 50 years. In ADR not too many formalities are to be followed so in a sitting, by using ADR it is not impossible to more than one case.

Over Coming the Berried of Illiteracy
In Bangladesh access to justice is effective by denied because the formal system requires a level of literacy that many in the county do not have and the formal legal processes are especially intimidating for large numbers of illiterate citizens. ADR programs' can be designed to rely on oral representations. Oral agreements may be enforced by traditional means of community poor pressure eliminating the need for written documentation or formal enforcement mechanisms.

Cheap Process
Moving ordinary court of law costs huge amount of money initially. The court fee is to be paid to start a suit, and then there is fee of the lawyer to defend the case, then to collect the certified copies of the judgment or order or decree. The parties to the suit have to court enough money since ADR follows informal procedure. ADR saves money and thus help people of varying strata of the society to get remedy.

Access to Justice
Constitutions of most of the countries provide for the peoples right to Justice. This is also evident in the international and regional instruments of human rights. But in effect this may not always be the case. ADR significantly created access to Justice for such disadvantaged group who would not get justice in ordinary court of law.

Assistance or Ordinary Legal System
All over the world the ordinary courts of law are facing terrible problems due to unlimited number of cases. This is simply immaterial whether the court is of developing or poor or developed countries. Day be day the states are trying to provide their citizens different rights and thus invite people to move to the court even for trifle offences since ADR is an alternative step to help the ordinary courts of law to dissolve disputes. It supports and complements court reform.

Effective Remedy
Sometimes ADR can award effective remedy in comparison with the remedy provides by the ordinary law of the land. We have inherited our legal system from our British rulers and in most cases thee laws may not be effective. Hence ADR operates as an alternative and efficacious remedy for the aggrieved.

A free and democratic society requires respect for the autonomy of individuals and limits on the power of both state and private organizations to intrude on that autonomy ....... Privacy is a key value which under pins human dignity and other key values such as freedom of Associations and freedom of speech ........privacy is a basic human right and the reasonable expectation of every person.

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