Problem and prospect of ADR:
For ADR to be successful, especially in arbitration proceedings, both the parties must agree to refer the dispute to be settled through arbitration or mediation.
1. Lack of precise Rules:
Since no specific Rules of Procedure have been framed for arbitration, the parties are to depend on the Rules of arbitration determined by a Tribunal.
2.No appeal on merit:
Even if a party is not satisfied with the merit of the outcome of a resolution of a dispute through arbitration, there is no room for filing any appeal on merit. Only an award can be set aside if it can be seen that the Tribunal was biased.
Prospects
In almost all the agreements nowadays, lawyers are routinely incorporating an arbitration clause for settlement of possible disputes.
1.Establishing a state-run parallel authority for ADR:
A nationwide network needs to be envisaged for providing solutions through ADR.
2.ADR to be made mandatory in certain cases:
To successfully bring ADR to the common man while still reducing the backlog of cases piled up in Courts, radical steps need to be taken.
3.Imparting Legal Literacy A robust: programme imparting legal literacy to the masses in Bangladesh, especially in the field of ADR becomes a necessity.
4.Integrating ADR in the legal educatio:
The legal education of today’s Bangladesh needs to take the ADR mechanisms seriously.