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by MD. Ashraful Islam -
Number of replies: 0

·          Development of ADR in the Code Procedure 1908

In our country many civil suites are filled in the regular court but according to the proportion of the filling suit very small amount of suits are dismissed by the court as a result the court becomes the overloaded place with the suits. The suits which are decided by the courts again, go to the appellate court if the other party is not satisfied. Besides the aggrieved party has the right to apply for review division. It takes a lot of time to dismiss a suit finally apparently 20/30 years.

To recover from the situation historical step is taken to introduce ADR in the code of civil procedure 2003 by inserting the section 89A and 89B. In 2003 section 89A and 89B empowers the trial court to settle the dispute by ADR. Again in 2006 a new amendment is brought in the Code of Civil procedure to provide the power to Appellate court by section 89C.

·          Procedure of Mediation under Section 89A of The Code Of Civil Procedure 1908.

Definition of Mediation under This Section:

“Mediation” Under this section shall mean flexible, informal, non-binding, confidential, non-adversarial and consensual dispute resolution process in which the mediator shall facilitate compromise of disputes in the suit between the parties without directing or dictating the terms of such compromise.