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ADR Practices in Bangladesh: Legal Framework and Socio-Economic Impact
ADR Practices in Bangladesh: Legal Framework and Socio-Economic Impact
ADR stands for alternative dispute resolution, which is a less formal and more consensual approach than going to court. Instead, parties meet with a qualified third party to discuss their disagreement informally. There are several alternative types, such as fact-finding, ombudsmen, judicial settlement conferences, and special masters, in addition to the common ones like mediation and arbitration. Processes intended to ease conflict within the community or support concerns related to community development can also be included in ADR. Direct negotiation between parties without the use of a third party is encouraged by negotiation systems. A third party mediates a specific issue or reconciles their connection in mediation and conciliation processes. Through arbitration procedures, a third party can resolve disagreements peacefully and without the need for additional litigation. Programs for negotiation, mediation, and conciliation are non-binding and rely on the parties' desire to come to a consensual agreement. Programs for arbitration can be either non-binding or binding; binding arbitration results in an award from a third party that the parties are required to abide by, regardless of their differences.
Sections 89A and 89B of the Civil Procedure Code 1908 in Bangladesh are amended to include mediation. If the mediation is successful, the parties sign the agreement that the mediator drafted, and the court issues a decree. If mediation is unsuccessful, the lawsuit continues where it left off. A suit's pre-trial hearing is scheduled under the Family Courts Ordinance 1985 and typically takes place thirty days after the submission of a written statement. The Arbitration Act of 2001 unifies Bangladesh's domestic and international arbitration laws, giving arbitral tribunals the authority to decide cases within their jurisdiction and according to predetermined guidelines. Arbitration is the usual means of resolving disputes arising from contracts. This is often stipulated in the contracts themselves. Arbitrations may be held at the Bangladesh Council for Arbitration or at the request of the parties. The Chairman of the Union Parishad may convene a village court with four delegates in attendance under the Village Courts Act of 2006. These adjudication bodies are governed by the Disputes Conciliation (Municipal Areas) Board Act, 2004 regarding its establishment, authority, and operation. Following the submission of a written statement, the Artho Rin Adalat Ain 2003/the Money Loan Court Act 2003 calls for a Settlement Conference, during which the judge may ask the parties and their solicitors to stay in court to settle the issue. The parties, or their representatives, sign the agreement, which serves as the foundation for a decree.
The Muslim Family Laws Ordinance, 1961 offers a substitute for arbitration in family matters by permitting the Chairman of a local administrative unit (Union Parishad) to form the Arbitration Council to settle divorce-related issues. There are no legal repercussions for entering into a polygamous marriage without the approval of the appropriate authorities, and there is no punishment for not getting the agreement of the current wife. The compounding of offences is permitted by the Code of Criminal Procedure, 1898, which has been modified by Ordinance Nos. XLIX of 1978 and LX of 1982. Since conciliation must be completed before taking any industrial action, it is a crucial component of Bangladesh's industrial relations system. A conciliation cannot force a settlement on employees and management; instead, its function is to make recommendations that may aid in reaching a consensus. If a solution is achieved, the conciliator forwards a report and a signed memorandum of settlement to the government. If the disagreement cannot be resolved, the parties may submit it to an arbitrator. While alternative dispute resolution (ADR) programs can achieve a lot of objectives, they cannot take the role of official legal systems, offer official sanctions, or serve as a court of last resort for conflicts that cannot be settled through voluntary, informal channels. Even the most carefully thought-out ADR programs need a lot of work and constant supervision.
One area of concern is how Alternative Dispute Resolution (ADR) initiatives affect Bangladesh's growth. Although this study revealed that ADR programs can enhance informal systems, some contend that they can pull people away from more established, community-based conflict resolution processes. While ADR programs can lessen class gaps, they cannot effectively resolve disagreements between parties with varying degrees of power. The success of ADR programs and the distribution of national wealth do not correlate, but ADR programs play significant social roles in a variety of countries. According to the report, ADR may further development goals beyond the rule of law, including lowering tension handling disputes that obstruct development initiatives, and promoting political, social, and economic transformation. The report makes many recommendations to guarantee the effectiveness of ADR, including consistent and harmonized ADR laws, ongoing training for judges, attorneys, and court employees, seamless transfers on a pilot court basis, and the use of mediation or non-binding arbitration in significant business disputes. The report also recommends implementing mediation in labour courts and small causes courts, changing P.D. No. 142 of 1972 to guarantee the government's participation in ADR, providing a sustainable fund for recruiting, and incorporating marginalized groups in political support. These steps are intended to support sustained development and guarantee the efficacy of ADR programs.
- ADR methods like mediation and arbitration are increasingly integrated into Bangladesh's legal framework.
- Implementation of ADR programs impacts informal conflict resolution systems and societal power dynamics.
- ADR initiatives have potential to contribute to social and economic development goals, but require comprehensive legal support and ongoing training.
