Law306

Faculty- Arafat Hosen Khan

Initial: KAH
Assignment Topic: The Practice of ADR in Bangladesh:
Challenges and Opportunities
Group: 9
ID: 2223076611 Name:Hridrota Roy Hridi
ID: 1912886011 Name:Umma Rumman Juhi
ID: 2231243611 Name:Nusrat Jahan
ID: 1912653011 Name: Maliha Mosharef
ID: 2233564611 Name:Saika Ialam

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Contents
Introduction......................................................................................................................................3
Practice of ADR in Rural and Urban Areas.....................................................................................3
Rural ADR Practices:...................................................................................................................3
Urban ADR Practices:..................................................................................................................4
Challenges in the Practice of ADR in Bangladesh..........................................................................5
Opportunities in the Practice of ADR..............................................................................................7
Promotion of ADR in Bangladesh.................................................................................................10
Conclusion.....................................................................................................................................11
Reference.......................................................................................................................................12

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Work Allocation:
Introduction, Conclusion - Saika Islam.
Practice of ADR in rural and urban area - Hridrota Roy Hridi.
Challenges in the Practice of ADR in Bangladesh- Umme Rumman.
Opportunities in the practice of ADR- Nusrat Jahan.
Promotion of ADR in Bangladesh- Maliha Mosharef.

Introduction
Author – Saika Islam

The general consensus is that alternative dispute resolution is preferable to litigation. As an

alternative to using violence, it can also be used as a colloquialism for letting go of a
disagreement. Native American-style, extrajudicial dispute resolution has long been a part of
global society. Conflict settlement outside of the legal system is not new in Bangladesh. The
widespread advertising, widespread use, and expansion of ADR models are new.

In Bangladesh, the use of Alternative Dispute Resolution (ADR) procedures is becoming more
and more commonplace. In the court area, Bangladeshi justice seekers are routinely harassed. In
this way, ADR helps to liberate them from harassment. The Alternative Dispute Resolution
(ADR) procedure in Bangladesh, both through formal and informal channels, is discussed in this
study. This report has provided a balanced description of the opportunities and constraints
associated with alternative dispute resolution (ADR) in Bangladesh. (Teague and Roche,2021).

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Practice of ADR in Rural and Urban Areas
Author- Hridrota Roy Hridi

The practice of Alternative Dispute Resolution (ADR) in Bangladesh exhibits notable variations
between rural and urban areas. These differences are a consequence of the diverse socio-cultural
landscape and varying access to formal legal institutions in the country. This section delves into
the ADR practices in both settings, shedding light on the distinct characteristics and roles that
ADR plays (Blanco García, 2021).

Rural ADR Practices:

Practices of ADR by Village Court:
The Union Council was renamed as the Union Panchayat in 1972, and then as the Union
Parishad in 1973. Subsequently, the Chairman of the Union Parishad and the Commissioner of
the Paruashava were given the authority to try minor local cases and small crimes committed in
their respective areas and reach consensus. These decisions were made possible by the Village
Court Act of 1976 for village areas and the Conciliation of Disputes (Municipal Areas)
Ordinance, 1979 for urban areas. The Village Courts Act, 2006 and the Conciliation of Dispute
(Municipal Areas) Act, 2004 later took their place.
The UP Chairman, members, and delegates from interested parties make up the village court.
The Village Court Act of 2006 allows the village court to hear cases involving properly assessed
property up to TK. 25,000. In addition, the village court has the authority to call someone to
testify and pay them up to TK. 500 for contempt.

Urban ADR Practices:

Urban areas in Bangladesh have witnessed a more formalized approach to ADR. Urbanization
has given rise to the establishment of ADR centers staffed with trained mediators and arbitrators.
These centers cater to a broader range of cases, spanning commercial disputes, family matters,
and labor conflicts. The urban setting fosters the integration of modern ADR techniques, such as
arbitration, mediation, and negotiation, into the dispute resolution process.
 Formalized ADR Centers: Urban areas in Bangladesh feature dedicated ADR centers
equipped to handle various types of disputes.
 Trained Mediators: Urban ADR centers employ trained professionals who specialize in
ADR techniques. These mediators possess the skills and knowledge necessary to
facilitate negotiations, encourage communication, and guide parties toward mutually
acceptable resolutions.
 Expanded Scope: ADR in urban areas extends beyond traditional disputes to encompass
complex commercial matters, family disputes, and labor conflicts.

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 Integration of Modern Techniques: The urban environment allows for the integration of
modern ADR techniques, such as arbitration and mediation, which may not be as readily
accepted in rural areas ChoiSeokBeom, 2021).

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Challenges in the Practice of ADR in Bangladesh
Author – Umme Rumman.

ADR programs continue to confront many of the same obstacles that the original programs did,
in addition to new ones that have surfaced as the programs have been institutionalized inside the
legal system. The following will provide an overview of certain common difficulties from
several Bangladeshi arenas (Loosemore, 2020).

Disconnect between the rules and reality:

Although many courts have regulations allowing the use of alternative dispute resolution (ADR)
in cases filed with them, these rules are rarely or never put into practice. One of the causes of this
discrepancy is that
Judges are the vital driver for new or innovative legal developments, although some do not
actively support ADR.

Collaboration of the Attorneys:

The legal community may be opposed to ADR because they believe it will eat into their a portion
of pie. Delaying strategies are one of the primary reasons why cases are not resolved quickly.
played by the attorney by repeatedly requesting petitions. An accomplished mediator will always
draw in new customers who might not have otherwise considered mediation

Opposition from the bar:

In certain jurisdictions, attorneys oppose or merely do not support the use of ADR. their clients
to employ ADR in suitable situations. This resistance stems in part from a lack of understanding
of ADR procedures. For example, some lawyers are unaware of aThe function of the neutral is
one important distinction between arbitration and mediation. Arbitration entails a third party
acting as a mediator to help the parties reach a negotiated agreement. the parties, but in
arbitration, an arbiter has the authority to render a decision that is final and frequently

Absence of public knowledge:

Since the general public is unaware of ADR in many parts of the nation, litigants must rely on
their legal counsel to advise using it. Even those that use ADR might not comprehend the
procedure; for instance, anticipating that the mediator will "decide" the matter or possess the
same power as a judge in all other respects. These plaintiffs might not be content with the
procedure since their expectations were not fulfilled.

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Repair of Legal Vulnerabilities:
The Code of Civil Procedure (Amendment) Act, 2003, included provisions for ADR. It appears
that prior to the CPC's 2003 adoption of the ADR's rules. appropriate care was not given
consideration to the current legal provisions in the bordering nations. The outcome of These
flaws are impeding ADR, and the government ought to take these into consideration. flaws as
soon as they arise.

Dangers to quality assurance:

Due to a lack of funding, particularly for ADR administrators, numerous court programs battle
with the requirement to uphold moral standards and guarantee the quality of services for neutral
third parties and legal counsel. Staff neutrals are present in certain courts, although many courts
depend on a group of impartial third parties to handle dispute resolution. According to the court;
they could be compensated or donate their services pro gratis. Numerous programs reveal that a
single, terrible mediation may become legendary and ruin the legal profession opposed to
mediation as a practice in general. Program managers make an effort to stay away from these
myths. and uphold a program's standing for high-caliber services by implementing measures to
designate and maintain a panel of only highly trained mediators for the court. Among these
actions is establishing requirements for panel participation, necessitating significant education,
interviewing the mediators, obtaining questionnaire responses from participants, and watching

Irregular financing:
The majority of courts find it difficult to grow and maintain their ADR budget. Courtship ADR
programs must contend with other conventional court services for financing, a competition that
ADR programs frequently fall short of, especially in the past few years when state and The
federal government has cut funding for non-essential programs. Courts have conducted trials.
offering several funding choices, such as user, filing, and certification costs, but Many programs
still lack crucial funding.

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Opportunities in the Practice of ADR
Author – Nusrat Jahan.

Both official and informal ADR methods in Bangladesh offer a wealth of benefits and
opportunities, some of which are outlined below:

Speed: ADR often resolves disputes much more quickly than going through the legal system.
Expertise: Someone with specific knowledge of a given trade or sector can offer a workable
solution that will satisfy all stakeholders. A judge is not likely to be an expert in anything outside
the law.
Privacy: Since ADR is carried out in private, media attention is avoided. Additionally, the
public is unable to attend.
It's possible for the parties to stay friendly – Alternative Dispute Resolution (ADR) seeks to
establish a middle ground that works for both sides. There are winners and losers in court cases.
Businesses can maintain good relations and trade with each other after a disagreement is settled
by using alternative dispute resolution (ADR).
Improving the climate for resolution: Participants in alternative dispute resolution procedures
voluntarily engage in them with the hope of reaching a more amicable result. Alternative dispute
resolution methods frequently provide a better setting for information sharing and discussion.
When members of the group believe that their needs and values are being given due
consideration and value during the process, they are more likely to switch from positional
bargaining to issue solving. Consequently, there's a higher chance of settling conflicts.
Procedure acceleration: The alternative dispute resolution process may need significant upfront
costs. However, parties must trust each other and be devoted to the decisions made during
discussions in order for disagreements to have lasting resolution. When they aren't, disputes take
longer to resolve overall and there is a lower chance that decisions will be carried out. The
parties in charge of the process can set up meetings whenever they're ready and make decisions
using alternate conflict resolution procedures.
Improving flexibility: When there is a disagreement, the parties decide how to proceed, what
standards to meet, and whether or not to establish a consensus. They may decide not to agree, but
ultimately they have the final say. This gives the procedure a significant boost in flexibility.
granting greater control over the result In contrast to litigation, when a judge or arbitrator makes
the decision, decision-making authority is held by the parties involved in the dispute.
Costs to the Parties: Compared to going to court, all kinds of ADR are much less expensive.

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Although this isn't always the case, alternative dispute resolution procedures frequently entail a
third-party mediator or negotiator. Compared to lawyer and court costs, these services are
substantially less expensive.
The state saves money on each case handled through alternative dispute resolution (ADR).
Court Time Savings: Every case resolved by alternative dispute resolution (ADR) spares the
courts from being

ADR in Different Sectors

Alternative Dispute Resolution (ADR) is a versatile approach employed in various sectors, each
with distinct opportunities:

Labor Disputes
 Workplace Harmony: ADR in labor disputes promotes a culture of workplace harmony
and productive labor relations.
 Labor Court Relief: By diverting labor disputes from overcrowded labor courts, ADR
reduces the caseload, allowing labor courts to focus on more complex issues.

Family Disputes
 Emotional Well-being: Family disputes often entail emotional turmoil for those involved.
 Child-Centric Approaches: In child custody cases, ADR promotes child-centric decision-
making.
Commercial Disputes
 Business Continuity: Timely resolution of commercial disputes is essential to maintaining
business continuity.
 Resource Allocation: The cost-efficiency of ADR allows businesses to allocate their
financial resources more strategically.

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Promotion of ADR in Bangladesh
Author – Maliha Mosharef.

Alternative Dispute Resolution (ADR) is a valuable tool for resolving conflicts outside of the
traditional courtroom setting. In Bangladesh, as in many countries, the promotion of ADR is
crucial to maximize its potential and make it a preferred method for dispute resolution.To unlock
the full potential of Alternative Dispute Resolution (ADR) in Bangladesh,promotion plays an
important role. Here are key points of promoting the practice of ADR:

The Arbitration Act of 2001: The legal framework needs to be clear and supportive. There is a
special law called the ‘Arbitration Act” which was made in 2001 in Bangladesh. This law helps
the people, especially in business and the people who wants to trade.
Education and Training: Education is a great way to start the promotion of ADR. The Legal
professionals, judges and the public need to be aware of the benefits of ADR. This can be taught
among educational institutes by arranging workshops, seminars etc.
Mediation and Arbitration Centers: Mediation and arbitration centers need to be set up in
some important places in any city or state. In Bangladesh, these centers can be found in various
court which makes ADR to access easier. There are trained professionals who play an important
part in making ADR successful.

Public Awareness Campaigns:

Public Awareness: ADR's benefits may be unknown to many. Public awareness efforts can fill
this information gap. These advertisements should describe ADR, its benefits, and how it works.
Share ADR success stories to persuade. ADR is more likely to be considered for future
disagreements after hearing about genuine examples that were settled promptly and equitably.

Integration into Legal Practice:

ADR in Contracts: Promoting ADR terms in contracts is proactive. An agreement to pursue ADR
procedures in dispute resolution encourages parties to investigate these options before going to
court.
Court-Annexed ADR: Mandating mediation as a first step in some circumstances might
encourage its utilization. The judiciary can normalize ADR.

Government Aid:

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Endorsement and Investment: Government support for ADR shows their commitment to this
alternate strategy. Funding ADR centers, training, and awareness campaigns can improve the
practice.
Policy Integration: Emphasize ADR's role in lowering court backlog, boosting economic
development, and improving access to justice in national policy.

Integration of Businesses:
Corporate Adoption: Encourage companies to adopt ADR. This involves educating staff on ADR
and incorporating it into dispute resolution.
Trade and Investment: Show foreign corporations that a strong ADR system is appealing. It can
attract international investment and boost Bangladesh's corporate credibility.

Educational Institutions:
Curriculum Development: Work with schools to include ADR. This trains future lawyers in
ADR.
Support ADR research and development. This can inspire new ADR methods.

Local-International Cooperation:
Networking: Working with local and international ADR groups and specialists can help
Bangladesh promote ADR.
Sharing Best Practices: Other nations that have effectively promoted ADR can offer advice.

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Conclusion
Author – Saika Islam.

The term "alternative dispute resolution" (ADR) describes a conflict resolution process that
avoids going to court. The idea is very broad and covers many different methods of resolving
disputes, such as mediation, arbitration, and ombudsmanship. ADR is used in Bangladesh
through NGOs' programs and informal institutions like village courts and shalish, as well as
formal systems like civil courts, Muslim family laws, and family court laws. However, there are
too many obstacles to overcome in Bangladesh for the ADR practice, including a lack of
funding, a lack of cooperation from lawyers, a lack of good faith, etc. Here are a few options for
ADR system practice in Bangladesh, ranging from municipal to state levels. In our nation,
alternative dispute resolution (ADR) should be used more frequently to settle disputes
amicably.In the end, the proper application of ADR in Bangladesh has the potential to improve
the legal environment of the nation, lessen the load on the official court system, and increase the
effectiveness and efficiency of conflict resolution, all of which will be advantageous to both
individuals and corporations.

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Reference
Blanco García, A.I. (2021). THE ADR METHODS . Culture, Meida, and Entertainment Laws,
11(2), pp.57–90. doi:https://doi.org/10.20995/cmel.11.2.3.

ChoiSeokBeom (2021). A Study on the National Leading ADR . JOURNAL OF ARBITRATION

STUDIES, 20(3), pp.70–92. doi:https://doi.org/10.16998/jas.2010.20.3.70.

Harlow, W. (2021). „ADR and Civil Justice“ – im Lichte der Verbraucher-ADR-Richtlinie.

Zeitschrift für Konfliktmanagement, 19(3). doi:https://doi.org/10.9785/zkm-2016-0316.

Loosemore, D.J. (2020). Briefing: Challenges to ADR internationally – a personal view.

Proceedings of the Institution of Civil Engineers - Management, Procurement and Law, 162(3),
pp.95–96. doi:https://doi.org/10.1680/mpal.2009.162.3.95.

Roche, W.K. and Teague, P. (2021). ADR practice. The International Journal of Human
Resource Management, 23(3), pp.528–549. doi:https://doi.org/10.1080/09585192.2012.641083.

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