Alternative Dispute Resolution (ADR) in the Administration of Civil Justice: Law and Practice in Bangladesh

Abstract

The ADR system has been introduced and developed in the administration of civil justice in order to eliminate the endless suffering of the litigants. In most cases, the ever mounting expenses of litigation, congested court schedules, delay in disposal of suits have battered' the confidence of the people in the administration of civil justice and have put question on the efficacy of the system. The common forms of ADR are negotiation, conciliation, mediation and arbitration. All these various forms have some different characteristics but the ultimate goals of those forms are to relieve court backlog, undue cost and delay and to provide more effective, efficient and satisfactory dispute resolution to improve the quality of justice. This article is aimed at scrutinizing the mechanisms of ADR, incorporating in the provisions of different laws in Bangladesh and it's success. This article recommends for strengthening ADR mechanisms in the administration of civil justice and encourages litigants to resolve dispute through the mechanisms of ADR for establishing justice amicable settlement in the true sense.