ABSTRACT
Alternative Dispute Resolution (ADR) offers Bangladesh a more efficient way to handle legal disputes through mediation, arbitration, and conciliation, helping reduce the overwhelming backlog of court cases while providing faster and cheaper solutions compared to traditional court trials. Despite its benefits of speed, cost-effectiveness, and privacy, ADR faces several challenges in Bangladesh, including resistance from traditional lawyers, limited institutional support, and low public awareness. To strengthen ADR’s role in the country’s legal system, Bangladesh needs to implement key improvements such as learning from successful international ADR models, increasing public education about ADR options, establishing more ADR facilities, updating relevant laws, and building stronger community support. These changes would help transform Bangladesh’s legal framework into a more responsive and efficient system that better serves its citizens while addressing the persistent problem of case backlogs.
- Introduction
Alternative Dispute Resolution (ADR) refers to a broad range of methods used to settle disputes without going to court, with the assistance of an impartial third party. ADR has proven to be an effective instrument for breaking impasses, increasing the efficiency of tough discussions, and securing long-term agreements. ADR serves as an alternative pathway to achieve a more expeditious and cost-effective method of resolving disputes. It includes mediation, settlement of disputes, arbitration and other ways that are voluntary and not compulsory. Recently, there has been a renewed focus in Bangladesh on alternative dispute resolution (ADR) initiatives. These schemes aim to reduce the need for contentious hearings in formal litigation and ensure that everyone has simple access to justice, which is a fundamental right.[1] There is a perception that these alternative dispute resolution (ADR) modalities are less likely to exacerbate the problems between parents, and that they are more likely to encourage the parties to address their disputes in a peaceful manner, hence preserving the future relationship between the parties and significantly lowering the amount of money, time, and energy that is wasted.[2]
[1] Mohammad Saidul Islam, ‘Efficiency and Effectiveness of Alternative Dispute Resolution Schemes Towards the Promotion of Access to Justice in Bangladesh’ [2014] 8 IIUC Studies 95, 95
[2] Mohammad Saidul Islam, ‘Efficiency and Effectiveness of Alternative Dispute Resolution Schemes Towards the Promotion of Access to Justice in Bangladesh’ [2014] 8 IIUC Studies 95, 95