Alternative Dispute Resolution in Bangladesh
In the year 2000, the Alternative Dispute Resolution in Bangladesh (hereinafter referred to as the “ADR”) was formally introduced in an effort to avoid unnecessary delays, and fast track the litigation procedure. However, it was only applicable in family law matters and we at Al Amin Rahman and Associates would strive to provide alternative dispute resolutions services in Bangladesh.
In 2003, mediation and arbitration were introduced through an amendment in the long old Civil Procedure Code Bangladesh. Through this amendment the aspect of mediation and arbitration were formally recognized even in matters that are outside the scope of family law, which was a great initiative taken not just for the clients, but also the ADR lawyers in Bangladesh striving to make a difference.
Although mediation may sound like a well-known concept for the ADR lawyers in Bangladesh, as such has been practiced for a long time, however, the concept of ADR has recently been introduced. Although, both mediation and ADR can be considered as outside court settlement, there remains a thin line difference between mediation and ADR as mediation is between the parties resolving the issue on their own, whereas the real and apparent form of ADR could be Arbitration.
Introduction to Alternative Dispute Resolution in Bangladesh
Nevertheless, the civil procedural law in Bangladesh consist of two form of ADR,
- Section 89B of Civil Procedure Code 1908, Arbitration- (1) If the parties to a suit, at any stage of the proceeding, apply to the court for withdrawal of the suit on ground that they will refer the dispute or disputes in the Suit to arbitration for settlement, the court shall allow the application and permit the suit to be withdrawn; and the dispute or disputes, thereafter, shall be settled in accordance with Salish Ain, 2001 (Act No. 1 of 2001) so far as may be applicable.
- Section 89A of Civil Procedure Code 1908, Mediation- Except in suit under Artha Rin Adalat Ain, 1990(Act of 4 of 1990), after filing of written statement, if all the contesting parties are in attendance in the court in person or by their respective pleaders, the court may, by adjourning the hearing mediate in order to settle the dispute or disputes in the suit, or refer the dispute or disputes in the suit to the engaged pleaders of the parties, or to the party or disputes in the suit to the engaged pleaders of the parties, or to the party or parties, where no pleaders have been engaged, or to a mediator from the panel as me be prepared by the district judge under sub-section (10), for under taking efforts for settlement through mediation.
There are several aspects which binds the reasons for adopting mediation as an effective method to resolve dispute among the parties, as follows:
- Decision remains in the hand of the parties, rather than being made by the neutral.
- Detail discussion as to the cause of the dispute and find a solution which both the parties shall consent to adopt.
- Monetization can be made by the parties themselves as to resolving the disputes.
Where on the other hand to know the dynamics of an arbitration, click here.
Al Amin Rahman and Associates Aiding Clients with Mediation Process.
Al Amin Rahman and Associates is a diligent hand for resolving issues as early as possible, instead of prolonging the disputed matter before the court, Al Amin Rahman and Associates believes that resolving the issues in an early possible manner saves time and undue expenses, and since, many of the disputes arise out of misrepresentation or mis communication a little nudge to resolve the issue alternatively provides the client with a great deal of satisfaction.