Group Discussion Board

Histrical Background of ADR

Histrical Background of ADR

by Riya Roy -
Number of replies: 1

Background of ADR: 

At first ADR process is introduced in the ancient India of The Bengal Regulation Act ,1772 .It provides that all disputes are to submit to arbitrators and their decision on this group would be final for the parties.Then The Regulation

Act,1781 was enacted and it said that judges should recommend parties to submit their dispute mutually .After that The Code of Civil procedure was enacted in 1859 and section 312-327 laid down permission and procedure for arbitration without court's intervention.Then after Arbitration act,1899 was also enacted.Arbitraton act,1940 then repealed the act of 1899 and replaced.In Bangladesh the act of 1940 was followed in Pakistan period.Then after Arbitration Act,2001 was promulgated after the law commission of Bangladesh proposed amendment in the law regarding Arbitration in 1999. ADR was also introduced in the village court ordinance,1976 which  ordinance is repealed by the Village court act ,2006.In village court no lawyer is appointed in any kinds of ADR. Since 1985, the Family Court Ordinance, 1985 had given jurisdiction to the trial Judge to effect reconciliation between the parties both before and after the trial. This Ordinance dealt with divorce, restitution of conjugal rights, dower, maintenance and custody of children. All Assistant Judges were ex officio Family Court Judges.


Bangladesh perspective:

First of all, from 1971-2000 ADR process is not introduced in Bangladesh legal system.After 2000 Justice Mostofa Kamal discussed ADR in family court as pilot project.The pilot program began in a collaborative effort with ISDLS in a series of Bangladeshi legal studies of California ADR systems. Three Pilot Family Courts were established in the Dhaka Judgeshipl. The pilot courts were staffed by 30 Assistant Judges selected from all over Bangladesh, lawyers and non-lawyers, who were given training by a United States mediation expert.Then after it successfully settled the disputes relating to family matters.  Due to the high settlement rates these courts were achieving,ADR was adopted in Bangladesh legal system like in Code of Civil procedure the mediation and arbitration system was introduced in 2003 as well as In artha rin Adalat Ain  for recovery money loan ADR process was also introduced.