ADR is nothing new. This informal quasi judiciary system is as old civilization. Different forms of ADR have been in existence for thousands of years. an Act for rendering the award of arbitrators more effectual in all cases for the final determination of controversies referred to them by merchants and traders, or others. In 1854, Common Law Procedure Art expressly empowered courts to remit an award for reconsideration by the arbitrators.the Arbitration Act 1440 gifted a number of modem steps to be taken to agree disputes between the parties: the parties appoint arbitrators court may also appoint arbitrators if the parties fail to do so decide the disputes informally, make an award, or settle the dispute by mediation, compromise or any other mama; court pass a decree in tams of the award d found the decision was made properly, and Arbitration Tribunal shall be competent m appoint expert or legal advisor to submit report to at an specified question or assessor for assisting it on technical matters.
In 1976 in Bangladesh, Gram Adalat law was passed under the auspices of Union Parishad to settle minor criminal and civil law suits. The law house bestowed an UP Chairman or Gram Adalat Chairman with power of a third claw magistrate. The court is comprised of 5 members including the Chairman, 2 General members and 2 members selected by the complainant and defender. The judgment of the court will be validated with unanimous support or by majority of 4:1. No one cam, raise any question regarding the legality on the verdict.
Mediation
Mediation is an ADR method where a neutral and impartial third party, the mediator, facilitates dialogue in a structured multi-stage process to help parties reach a conclusive and mutually satisfactory agreement. A mediator assists the parties in identifying and articulating their own interests, priorities, needs and wishes to each other. Mediation is a peaceful dispute resolution tool that is complementary to the existing court system and the practice of arbitration.
Conciliation
Conciliation is another dispute resolution process that involves building a positive relationship between the parties of dispute, however, it is fundamentally different from mediation and arbitration in several respects. Conciliation is a method employed in civil law countries like Italy and is a more common concept there than mediation. The conciliator is an impartial person that assists the parties by driving their negotiations and directing them towards a satisfactory agreement. It is unlike arbitration, in that conciliation is a much less adversarial proceeding. It seeks to identify a right that has been violated and searches to find the optimal solution.