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Alternative Dispute Resolution refers to the means of settling disputes without going through
legal procedures. Through ADR settlement of disputes can be done in many formal and
informal ways but here ADR emphasis is mainly on the settlement of disputes by local
community initiatives. It is an age-old tradition of society through which disputes are resolved
amicably and which concerned parties accept. Normally authority does not challenge it. It is
not institutionalized, but both the community members and the disputants accept it. There are
different ways to resolve disputes. Some are resolved formally, others informally, and some
are resolved as by time passes.
Definition of ADR:
The term of ADR can refer to everything from facilitated settlement negotiations in which
disputants are encouraged to negotiate directly with each other prior to some other legal
process, to arbitration systems that look and feel very much like a courtroom process. Processes
designed to manage community tension or facilitate community development issues can also
be included within the rubric of ADR. According to the case referred to Hilmond Investments
v CIBC 1996 135 DLR 4th 471 (ONT Court of Appeal) 887574- 'ADR' is the method by which
legal conflicts and disputes are resolved privately and other than through litigation in the public
courts, usually through one of two forms: mediation or arbitration. So, from the above
discussion it can be said that Alternative Dispute Resolution refers to the means of settling
disputes without going through legal procedures. Through ADR settlement of disputes can be
done in many formal and informal ways but here ADR emphasis is mainly on the settlement
of disputes by local community initiatives.
Under sections 21 and 22 of the Artha Rin Adalat Ain 2003, two modes of the ADR, settlement
conference and arbitration, have been introduced in the commercial dispute. Section 21 defines
the Settlement Conference as a conference comprising the parties, their lawyers and their
representatives and presided over by the judge of the Artha Rin Adalat for disposing of the suit
in an informal, non-binding, confidential and non-adversarial manner on the basis of mutual
cooperation and understanding of all concerned.” Section 21 deals with the details procedure
of the Settlement Conference and section 22 provides for the arbitration of the commercial
dispute. After the filing of written statement the court may, keeping pending all subsequent
proceeding refer the suit to the lawyers of the parties or where no lawyers have been engaged,
to the parties themselves. But where the parties agree to try and settle the dispute through
arbitration, the court is bound to refer the dispute for arbitration. Inserting the ADR system in
commercial dispute certainly improves the investment in this field.
The village court consists of UP Chairman, members and representatives from concerned
parties. Under the Village Court Act, 2006, the village court can try disputes over properly
valued not exceeding TK. 25,000. The village court has also power to summon a person to
stand as a witness and can impose a fine of up to TK. 500 on contempt charges.
If any dispute either civil or criminal comes within the ambit of The Village Court Act 2006,
it shall be dealt with by the Village Court consisting of five members including the chairman
who will preside over the Village Court and each party shall select two members of which one
must be a member of Union parishad. The procedures enumerated in the Evidence Act, the
C.P.C and the Cr.P.C shall not be applicable in village court and no party has right to engage
any lawyer in proceeding of such court.
Conclusion:
The key to success of A.D.R. in Bangladesh lies in the manner of its introduction. A.D.R. is no
longer an unheard of concept of dispute resolution among judges, litigants and lawyers of
Bangladesh. The Family Courts all over Bangladesh are actively engaged in A.D.R. The pilot
family courts are only exclusively engaged in mediation, but other Assistant Judges, who
received training in mediation, are also mediating apart from trying cases. The mediation output
of all the Assistant Judges, taken together, is something to be proud of. The Ministry of Law
only needs to collect maintain and update all relevant statistics in this regard.