The historical background of Alternative Dispute Resolution (ADR) in Bangladesh can be traced back to ancient practices and cultural traditions that emphasized mediation and conciliation. However, the country's formal ADR mechanisms evolved over time and were significantly influenced by British colonial rule and subsequent legal reforms. Here is an overview of the historical development of ADR in Bangladesh..
During British colonial rule, a formal legal system was established in Bengal. However, informal mediation and conciliation continued to be used in local communities despite the formal legal framework.
After gaining independence in 1971, the country formed significant legal reforms. Efforts have been made to modernize the legal system and address the judicial backlog. However, the formal justice system faced challenges in providing timely and accessible justice. In the 1980s and 1990s, Bangladesh recognized the need for alternative dispute resolution mechanisms to relieve the burden on the formal judicial system.
The country enacted the Arbitration Act 2001 which provided the legal framework for arbitration. This law was based on International Commercial Arbitration.Mediation and conciliation have long been used in Bangladesh to resolve family disputes. The Family Courts Ordinance 1985 provided for the establishment of Family Courts to promote reconciliation settlements in family, matrimonial and divorce matters.
In 2000, Bangladesh introduced the Legal Aid Services Act to provide legal aid and support to marginalized and disadvantaged groups. Legal aid services have played a role in promoting mediation and ADR in resolving disputes outside the formal court system.