Group Discussion Board

ADR in Cpc

ADR in Cpc

by Nishat Kabir -
Number of replies: 0

Alternative Dispute Resolution refers to the method of resolving disputes without going through the legal process.  Dispute resolution through ADR can be done in many formal and informal ways but here the emphasis of ADR is mainly on local community initiated dispute resolution.  It is an ancient tradition of society through which disputes are resolved amicably and which are accepted by the parties concerned.  Usually the authorities do not challenge it.  It is not institutionalized, but it is accepted by both community members and opponents.  There are several ways to resolve a dispute.  Some are resolved formally, others are resolved informally and some are resolved as time passes.  Objectives of the ADR Alternative Dispute Resolution (ADR) has recently been developed in the United States and the success rate of the ADR is significantly higher, as the parties have been able to sit down together to talk and finally resolve their disputes.  The main goal is to end the animosity between the disputing parties and restore harmony.  A high degree of public participation and coordination in this system is badly needed.  A general sense of satisfaction develops which helps to make the decision effective, while people's participation is confirmed as evidence is sent, questions are asked and opinions are given.  Thus reunification can be facilitated, which is the main goal of the ADR system.  Different forms of ADR in the civil justice system and their application: Arbitration and arbitration are the most common features of ADR strategies in Bangladesh.  Let's discuss three important ways to resolve a dispute.  Arbitration "A voluntary process where a natural arbitrator seeks to assist the disputing parties in an agreement acceptable to both parties and it reaches the preliminary decision of the dispute without going to court. Arbitration"  The process of adjudicating a dispute or dispute that they refer to for decision. "Negotiation" is a non-binding process where negotiations are initiated between the parties with the aim of reaching a settlement of the dispute without any third party intervention.


  The Code of Civil Procedure (Amendment) Act, 2002 has been enacted to introduce Alternative Dispute Resolution (ADR) system for preliminary and sensible disposal of civil cases.  Sections 89A and 89B have been inserted to allow the parties to settle their disputes in cases through mediation or arbitration.  In arbitration, the court may take the initiative to settle the dispute on its own or through the reference of independent arbitrators.  Under section 89B, parties will be allowed to withdraw pending cases and have to settle them through arbitration.  The provisions came into force on 1 July 2003.