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Class Note

Class Note

by Md. Fahim -
Number of replies: 0

ALTERNATIVE DISPUTE RESOLUTION (Section-22)

The provision of alternative dispute resolution (ADR) is a unique feature of the Artha Rin Adalat Ain, 2003. After filing the written statement, the proceeding of ADR shall start by adjourning the next procedure of the suit. Only two kinds of ADR are recognized by the Act:


Mediation:
Instead of Settlement Conference, the Adalat may forward the suit to the appointed lawyers or the parties tot the suit for resolving the dispute through Mediation. The lawyers shall mutually appoint a mediator upon consultation of the parties to the suit among the following kinds of persons:

1. Any lawyer who is not engaged by the parties
2. Any retired judge
3. Any retired officer of a Financial Institution
4. Any other competent person other than a person employed in the profitable service in the Republic.

Arbitration:

If the parties apply then the court is bound to send the suit for the settlement by Arbitration (section-23).