Mst. Lima Akter

ID: 191-26-1306 

Historical Background :

ADR is a term that refers to several different methods of resolving disputes outside traditional legal and administrative forums. The main ADR alternatives to civil litigation are arbitration, conciliation and mediation. Disputing parties use these ADR methods because they are expeditious, private and generally much less expensive than a trial. Mediation is a concept that is often mistakenly confused with conciliation. Although the two methods have similar aspects, they are fundamentally different. To appreciate the differences between arbitration, mediation, and conciliation, it is helpful to explain them separately.

To activate ADR provisions in the family court a pilot project was taken in 2000 in three pilot family courts of Dhaka. Following the massive success of these courts it was extended to all the family courts in Bangladesh and different forms of ADR have been introduced by amending many laws of the country.

During the Hindu period in ancient India, Hindu society, institutions and beliefs gradually developed and define shape was given to them. Many important beliefs and doctrines of today are deep-rooted in the Hindu ideology; one of those is Alternative Dispute Resolution.

In villages, the local village councils or kulani, similar to modern panchayats, consisted of a board of five or more members to dispense justice to villagers. It was concerned with all matter relating to endowment, irrigation, cultivatable land, punishment of crime, etc. Village councils dealt with simple civil and criminal cases. The head of the villagers acted both as leader of the village and the mediator with the government.

Besides the above mentioned measures adopted as the process of ADR, Bangladesh Government has promulgated the following acts for the effective application of ADR procedure for dispensing the dispute outside the court:

(a)    The arbitration Act,2001

(b)   Insertion Section 89A, 89B and 89C of CPC

(c)    Arthorin Adalat Ain, 2003

(d)   Bangladesh Labor Law, 2006

(e)    Family Court Ordinance