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Assignment On Related Law in BD Used in ADR
Assignment On Related Law in BD Used in ADR
On
Date of Submission:08-08-2017
Abstract:
Now a day the popularity of Alternative Dispute Resolution (ADR) system is
increasing day by day in Bangladesh. All types of courts whether these are
lower or higher are burdened with the litigations. These problems have been
arisen due to the defects of adversarial system. The justice seekers of
Bangladesh are frequently harassed in the area of courts. In this respect,
ADR comes to make them harassment free. Most of the statutory laws
including the main procedural law for civil matters follow this system. The
ADR system is developing in the statutory laws of Bangladesh. There are
about ten statutes of Bangladesh in which this popular system has been
inserted. The ADR system should be developed more and more in other main
statutes including the Code of Criminal procedure.
Introduction:
Conflict or dispute is a natural and inevitable part of all human social relationships. Conflict
occurs at all levels of society – from interpersonal, family, tribes to national and international
levels. In other words, conflict is ubiquitous. By conflict or dispute, we mean conflict of
interests between two or more parties about resources, differences of opinion within the
group, power, prestige and others. Parties in conflict/disputes believe that they have
incompatible goals and here the desire to gain advantage over, win over, injure, or defeat one
another. Alternative Dispute Resolution or ADR is an umbrella term used to describe a
variety of methods for resolving disputes outside of traditional methods such as litigation.
Sometimes the "A" in ADR is defined as "appropriate" rather than "alternative" as a way of
indicating that ADR relates to finding the most fitting way to resolve disputes. Sometimes
there is no "A" used and simply the phrase "dispute resolution" is used, as a way to indicate
that all approaches to dispute resolution are potentially considered1. Whichever way the
acronym is spelled out - alternative, appropriate, or just dispute resolution - the concept of
ADR is based on expanding the tools available for resolving disputes.2
Definition of ADR:
The term "Alternative Dispute Resolution" or "ADR" is often used to describe a wide variety
of dispute resolution mechanisms that are short of, or alternative to, full-scale court
processes. The term can refer to everything from facilitated settlement negotiations in which
disputants are encouraged to negotiate directly with each other prior to some other legal
process, to arbitration systems that look and feel very much like a courtroom process.
Processes designed to manage community tension or facilitate community development
issues can also be included within the rubric of ADR. According to GLOSSARY Law
Dictionary- “The term ‘ADR’ describes a number of methods used to resolve disputes out of
court, including negotiation, conciliation, mediation and the many types of arbitration. The
common denominator of all ADR methods is that they are faster, less formalistic, cheaper and
often less adversarial than a court trial.”3 According to the case referred to Hilmond
Investments v CIBC 1996 135 DLR 4th 471 (ONT Court of Appeal) 887574- 'ADR' is the
method by which legal conflicts and disputes are resolved privately and other than through
1
http://courtadr.org/pocketguide/ (accessed on 26.06.2011)
2
Ibid
3
www.en.wikipedia.org/wiki/Alternative_dispute_resolution (accessed on 26.06.2011)
litigation in the public courts, usually through one of two forms: mediation or arbitration.4 So,
from the above discussion it can be said that Alternative Dispute Resolution refers to the
means of settling disputes without going through legal procedures. Through ADR settlement
of disputes can be done in many formal and informal ways but here ADR emphasis is mainly
on the settlement of disputes by local community initiatives.
Conclusion:
However, there are also some arguments against and in fovor of the concept of ADR. It is
said that moving dispute resolution from the public to the private sphere, will prevent the law
from developing to meet changing circumstances. Keeping information about the details of
settlements out of the public domain prevents its use as a comparator and may lead to an
increase in the number of claims, which are disputed. It is also possible that private
settlements may not take into account the wider implications of the dispute. Critics believe
that ADR encourages compromise. Compromise can be good way to settle some dispute, but
it is not appropriate for others. In serious justice conflicts and cases of intolerable moral
difference, compromise is simply not an option because the issues mean too much to the
disputes. Another concern is that ADR settlements are private and are not in the public record
or exposed to public scrutiny.
References:
Polygamy u/s 6
Divorce u/s 7
Maintenance u/s 9
02. Artha Rin Adalat Ain, 2003
Settlement Conference u/s 21
Mediation u/s 22
10
Section-4(1) of the Village Court Act, 2006
11
Section-4(2) of the Village Court Act, 2006
12
Section-5(1) of the Village Court Act, 2006
13
Section-6(1) of the Village Court Act, 2006
14
Section-7(1) of the Village Court Act, 2006
15
Section-7(2) of the Village Court Act, 2006