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DISCUSSION

DISCUSSION

by Mahirel Singha -
Number of replies: 1

ADR shortcomings and It's way to make practical :-

Shortscoming:-

However ADR does not alway guarantee an agreed upon decision and with arbitration the decision is final. The Shortscoming  of ADR are given below -

1.Unequal Bargaining Power,

2.Lack of Legal Expertise.

3.Enforceability

4.A Court action may still be required.

5) There is a very limited avenue for appeals.

6)Arbitration does not provide for the grant of interlocutory applications.

7) In conciliation, The parties may not achieve a settlement to their conflict.

8.) In negation  Lack of legal protection of the parties to the conflict.

There are saradin...

Prospects to The Ways to make the ADR system practical  and successful :- 

*The intensive training of judges and lawyers is needed to make the ADR system effective and efficient.

* Moreover infrastructural facilities and professional ADR users are needed. 

*If the ADR culture cannot be developed, it will not be implemented, no matter how much it may be possible to amend the civil procedure and introduce alternative dispute resolution mechanisms.

*At the National Gael Table Meeting on “Review and Recommendation of Family Court Ordinance 1985” organized by Bangladesh Legal Aid and Services Trust, Justice Mustafa Kamal further mentioned that a well-thought-out action plan is needed to implement the ADR system. 

According to him, in the case of very common trees, it is necessary to select them first by the court. 

Another former Chief Justice of Bangladesh who was present at the event.  k.M.  Hassan said many people are now reaping the benefits of the ADR system.  According to Justice Mustafa Kamal, he also emphasized on training judges and lawyers in this regard.