Surja Mandal
LL.B. Student, Department Of Law,
World University Of Bangladesh
The number of cases currently pending in Bangladesh has
exceeded 4 million. Of these, 3.5 million cases are pending in district and
sessions courts, and hundreds of cases remain unresolved in family and labor
courts for years. The long-running litigation, frustration of litigants, and
excessive pressure on the courts are familiar to everyone. Due to these
reasons, an unanswerable question has arisen among litigants, ‘How can justice
be obtained quickly?’ Where one hopes for a quick and affordable trial, the
Alternative Dispute Resolution (ADR) system is emerging as a potential answer.
Can this method of peaceful resolution, which gets rid of the complexity and
long trial process of the court, be the new language of justice?
ADR or Alternative Dispute Resolution is a method where,
outside the court, the parties resolve their disputes through negotiation or
mediation. It is different from the full-fledged court process, where disputes
are resolved through negotiation or arbitration by a neutral person.The main
objective of ADR is to provide speedy resolution of disputes, so that litigants
do not have to face long delays in the court process.
The ADR system has been popular in Bangladesh for some time,
especially through the arbitration and mediation process. It is a simple,
low-cost and humane method, which helps in resolving disputes while keeping
human relationships intact. ADR can play an effective role in all areas, be it
domestic family problems, commercial disputes, labor-owner relations, or even
environmental problems.
ADR has been legitimized in Bangladesh under various laws.
Section 89 of the Civil Procedure Code, 1908, encourages the courts to resolve
cases through mediation and conciliation. In addition, the Family Courts Act,
1985, has made it mandatory in the Family Courts as well. Another notable law
is the Solicitor Arbitration Act, 2001, which recognizes the resolution of
disputes through ADR.
This legal framework has made the ADR system stronger and
more popular. It has been proven that in many cases, the parties are satisfied
and it is faster when the case is resolved through the ADR system instead of
the court.
ADR is becoming a powerful alternative, especially for
people in rural and urban areas. Sometimes, litigants go to court and their cases
are delayed for a long time and suffer financially. ADR is especially effective
for women and low-income people who are unable to participate in the court
process. Rural arbitration systems have been solving their various problems for
years.
In addition, many people are getting quick solutions through
ADR projects run by BRAC and other NGOs, especially in family disputes and
labor-management relations. According to BRAC statistics, 70-80 percent of the
disputes they run in ADR projects have been successfully resolved. Of these,
about 80 percent of the women parties were satisfied with the settlement when
working with women, which brings to the fore the humane and peaceful element of
the ADR system.
University research has shown that the use of ADR systems is
gaining much prominence in the commercial sector. Arbitration or mediation
systems are also widely used, especially in international trade. Several
companies and business organizations in Bangladesh have adopted the ADR system
as their dispute resolution mechanism. It saves both time and money, and does
not damage relationships. It is a very positive process for the business
environment.
According to several government reports and studies in
Bangladesh, the number of cases currently pending in Bangladesh is about 4
million, of which about 3.5 million are in the district and sessions courts.
Most of these cases are pending for a long time and the frustration of the
litigants increases. However, several studies have shown that the use of the
ADR system has played an effective role in the speedy resolution of cases.
About 70-80 percent of the cases have been successfully resolved among the ADR
projects run by various NGOs, where the participants later reached an
agreement.
The success of the ADR system is very high worldwide,
especially in India and the UK. In India, about 85 percent of the cases have
been resolved through mediation under the ADR system. These statistics express
great hope for the effectiveness of the ADR system and the possibility of its
use in the future.
The biggest advantage of the ADR system is that it provides
a peaceful, quick and low-cost solution. It helps in resolving the dispute
without damaging the relationship between the parties. ADR is a very effective
method, especially in family, social or small business disputes. However, for
the success of the ADR system, skilled mediators and the consent of the parties
are essential. Therefore, the role of the government in this regard can be very
important—further expansion and improvement of the ADR system.
Especially as the number of cases is increasing in the
judicial system of Bangladesh and the pressure on litigants is increasing, the
expansion and fair and effective implementation of the ADR system has become
very urgent. Training of lawyers, raising public awareness, and the creation of
impartial mediators—these are necessary for the more effective implementation
of the ADR system.
In this day and age, when litigants do not want to keep
their cases hanging for long, it is essential to increase the acceptance of ADR
methods. ADR, through which litigants can find peaceful and speedy solutions,
can be a new language of the justice system. Through this method, litigants can
get justice, but peacefully—where problems are resolved on the basis of
relationships rather than escalating disputes. And this can usher in a new
judicial culture in Bangladesh, one that is consistent with peace, humanity,
and speed.