Group Discussion Board

Historical Background of ADR

Historical Background of ADR

by Md. Saneur Rahman (ID: 172-26-162) -
Number of replies: 1

History of ADR: In June 2000, formalized ADR was introduced in Bangladesh by means of court- annexed judicial settlement pilot projects, in an effort to decrease delays, expenses, and the frustrations of litigants laboring through the traditional trial process. All three pilot programs were fully functioning by January 2001.

 History of Development of ADR: 

This sub-continent:

 (1)       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. It is observed from the historical document, that ADR in the name of dispute resolution institutions prevalent during the ancient period. It was reported that resolution of disputes between members of a particular clan or acceptor or between members of a particular locality, by kolas assembly of the members of a clan, sirens guild of a particular occupation and pug as (neighborhood assemblies). In rural India panchayat (assembly of elders and respected inhabitants of a village) decided almost all disputed between the inhabitants of the village, which disputes between the members of a clan continued to be decided by the elders of the clan.[5]

       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 kais, the adalat system introduced by of the then ruling group and the existing court system. The two systems continued to operate parallels to each other.

       It is pertinent to say that the procedure and the nature of preceding these institutions were very much similar to the ADR. This was also applicable to this country as because it was the part of the India.

       (2)The formal system of administration of justice introduced during the British rule replaced the old system of dispensing justice through feudal set-up. But the traditional institutions continue to play their role of dispute resolution though not known by their old name. As because we still have disputes between members of a clan.