Group Discussion Board

ADR

ADR

by Irin Jahan Mim -
Number of replies: 0

Alternative Dispute Resolution  is a general term and various techniques for resolving conflict outside of court using a neutral third party. And This is successful ADR process which is solved out of the court Between the parties.

Method of ADR :

ADR Mechanism in which two parties contest their case and one party wins and the other party looses, but in case of alternate dispute resolution (ADR) which can be categorized in four method  which are-

1.Arbitration.

2.Mediation.

3.Conciliation.

4.Judicial  settlement including settlement through Loko Adalat.

Here, Negotiation, mediation and arbitration are the most common features of ADR techniques in Bangladesh.

Arbitration : (Arbitration discussed in section 89).

In case the parties agree, they shall make a joint request in writing for reference of the dispute to an Arbitrator agreed upon by them. The arbitrator shall give his award within thirty days from the date on which the dispute is referred to him and This award is effective and successful.  The award of the arbitrator shall be final and no appeal shall lie against it.

Mediation :

Here  third party can involve. This is the simply an extension of the negotiations process.Mediation generally understood as third party intervention between conflicting party to promote settlement.

Like chairman solve the dispute between two parties here chairman is mediator.

Negotiations :

Where two party solve the dispute on spot this is called negotiations. Here is no third party. And the decision is not binding.