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by jalal uddin181-26-201 -
Number of replies: 1

ADR in Civil Matters Following the unprecedented success of the family court in resolving family disputes through ADR machinery (Hasan, 2001) , the Legislature incorporated ADR mechanisms into the Code of Civil Procedure, 1908 (hereinafter referred to as the Code) by way of amendments. The amended Act of 2003 introduces the court based mediation and arbitration as integral part of the civil proceedings in Bangladesh. However, it was the discretionary power of the court to explore the scope of mediation. Later on, the Code was amended again in 2012 that made the mediation system mandatory in civil proceeding. The Act went through another amendment in 2006 that introduced the provision of mediation even at the appellate stage. As stated, section 89A provided for the provisions relating to mediation. Explanation 1 to the section defines mediation as “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.” The analysis of the definition reveals that mediation under the Code is flexible, informal, non-binding, confidential, non-adversarial and consensual in nature