(b) Insertion section89A, 89B and 89C in the CPC as the mechanism of ADR to dispose the pending civil cases which have laying without any decision for long period of time. (a) The Arbitration Act 2001 (Act no I of 2001) So fare the success rate of mediation judges of these courts is more than 70 percent.īesides the above mentioned measures adopted as the process of the ADR, Government of Bangladesh has promulgated the following acts for the effective application of ADR procedure for dispensing the disputes outside the court: These courts are following ADR procedure in dispensing family cases restitution of conjugal rights dower, guardianship maintenance etc. Having followed the above mentioned ordinance the Family Court Ordinance, was promulgated in 1985 and as a result some family courts have been established in different places of Bangladesh. Union Parishad would have to follow arbitration process to resolve this dispute. Under this ordinance, to arbitration, as a method of ADR is mandatory to resolve the dispute as to dissolution of marriage. But it is pertinent to say that the application of the provisions this Act was not satisfied and the courts would not follow these provisions mandatory.ĭuring the Pakistan period, arbitration as one of the important method of ADR, received statutory recognition in the Muslim family ordinance, 1961. Having passed the Arbitration Act, 1940, arbitration provision was repeated from the C.P.C.
As because we still have disputes between members of a clan.Īfter math, arbitration and conciliation as the methods of ADR, received statutory recognition in the code of civil procedure code, 1908 (section 89, arbitration and order XXXII A rule 3, conciliation). But the traditional institutions continue to play their role of dispute resolution though not known by their old name. The formal system of administration of justice introduced during the British rule replaced the old system of dispensing justice through feudal set-up. This was also applicable to this country as because it was the part of the India. It is pertinent to say that the procedure and the nature of proceeding these institutions were very much similar to the ADR. The two systems continued to operate parallelly to each other. One of the main characteristic of the traditional institutions is that they were recognized system of administration of justice and not merely “alternatives” to the formal justice system establish had by the sovereign the feudal lords kazis, the adalat system introduced by of the then ruling group and the existing court system. In rural India panchayat (assembly of elders and respected inhabitants of a village) decided almost all disputes between the inhabitants of the village, which disputes between the members of a clan continued to be decided by the elders of the clan. particular locality, by kulas (assembly of the members of a clan, srenis (guide of a particular occupation and pugas (neighborhood assemblies). It was reported that resolution of disputes between members of a particular clan or occupator or between members of a. It is observed from the historical document, that ADR in the name of dispute resolution institutions prevalent during the ancient period. In India the origin of ADR could be traced to the origin of political institutions on the one hand and trade and commerce on the other hand. Historical Development of ADR in Sub-Continent and Bangladesh: arbitration & negotiation can be used where appropriate and what form is appropriate depends the facts and circumstances of each case.
Sometime, the terms conciliation and mediation are used interchangeable. Of the several ADR techniques, Mediation, seems to be the most widely- used one, it is the same dispute resolution process as conciliation. The ADR procedure consists of negotiation, conciliation, mediation, arbitration, mini-trial, med-arb and neuters evaluation. They can be used in almost all contentious matters which are capable of being resolve, under law, by agreement between the parties. With the gradual breakdown of the more traditional values of the social fabric, the traditional system of resolving disputes now stands virtually extinct and has been replaced by police cases, legal procedures and other methods.ĪDR techniques are extra-judicial in character. They relate this intervention with loss of face for themselves and image of their village.
The village people usually preferred settling disputes amongst themselves and do not appreciate any intervention from other villages. It is applied in different situations in different ways, both formally and informally. The term “Alternative Dispute Resolution” or “ADR” is often used to describe a wide variety of dispute resolution mechanisms, which fall short of, or is alternative to, full-scale court proceedings. Bangladesh has an age-old history of Alternative Dispute Resolution (ADR).