Group Discussion Board

Limitations of ADR and recommendations

Limitations of ADR and recommendations

by Nishat Kabir -
Number of replies: 1

  Many people who have experience with ADR are very committed.  People are eager to resolve disputes locally.  Yet people often go to the legal system for the following reasons:


  Med cannot be appealed against arbitration or arbitration award.


  Not consistent with the rule of law.


  People - Lack of confidence in people's leadership


  • Sometimes face biased decisions.


  Too much interference in the process by powerful people


  Dignity Fear of losing dignity and prestige


  AD People who work with ADR do not have sufficient knowledge and experience


  Those decisions are not legally binding


  Formal cannot be an alternative to a formal judicial system.


  In this part I am trying to explain all these limitations which are related to ADR.



  ADR will be made mandatory in certain cases


  In order to successfully bring ADR to the general public by reducing the backlog of piloted cases in the courts, key steps need to be taken.  It is important to note that the legislature introduces provisions that discourage litigation in cases where the court can easily proceed outside the settlement of the case.


  Provide legal literacy


  The biggest obstacle any country can face is illiteracy.  Our government has been working tirelessly to eradicate illiteracy and now the new task has become even tougher, namely, to provide legal literacy to the literate and illiterate together.  Legal literacy gives one the ability to be an active and vigilant citizen, thus making people more aware of their rights and duties.  ADR is a fairly new concept for many and not only does it take time to transmit ideas like these to the grassroots, the acceptability of such concepts is also a big issue.  Therefore, a strong legal literacy program has become a necessity for the people of Bangladesh, especially in the case of ADR.  This will not only allow ADR to reach out to the common man, but also make a positive contribution to the development of a conscious citizen nation.


  Integrating ADR into legal education


  The ADR processes of legal education in today's Bangladesh need to be taken seriously.  Currently these systems are taught only as part of special courses that primarily emphasize the deployment of these processes related to the areas of corporate integration and integration.


  The need of the hour is different - now the time has come when these dispute resolution systems are taught as a necessary course for a new breed of lawyers who will be proficient in these forms of dispute resolution and these lawyers will surely help the common man in the long run.