Group Discussion Board

ADR in Family Court

ADR in Family Court

by Tanjin Afrose -
Number of replies: 0

Alternative Dispute Resolution (ADR) is a process of dispute settlement outside the formal judicial system through mutual compromise and agreement by the parties themselves with the third party facilitating the process. In true sense, ADR is the process of resolving dispute without the intervention of the court.

ADR was introduced in Bangladesh through the modes of informal justice such as panchayat and local Salish. ADR was introduced in Bangladesh under Family Court Ordinance (FCO), 1985. It is a separate special law for dealing family disputes in a uniform manner irrespective of religions. The FCO, 1985 under Section 5 incorporates some key issues of family disputes such as dissolution of marriage, restitution of conjugal rights, dower, maintenance, and finally guardianship and custody of children.

Family disputes are very sensitive in nature that need experienced judges. But section 4 of the FCO states that Assistance Judges shall be family court judges, who are members of the subordinate judiciary and hence lack sufficient experience in judiciary. In the Indian Family Courts Act, 1984, a person shall not be qualified for appointment as a family court judge unless s/he has held a judicial office at least for seven years.