Critical review of the court based ADR in Bangladesh: prospects and challenges

Abstract

The study concentrates on the Court Based Alternative Dispute Resolution (ADR) as a special form of ADR in Bangladesh. It critically analyzes the present legal framework for Court based ADR in Bangladesh. The Court Based ADR is not a single process or program rather, it encompasses many different varieties, variations, and flavors of ADR mechanisms. Nevertheless, the research does not focus on whether ADR is better than litigation rather it shows how the courts are transforming ADR and how ADR is transforming in the court system. While reviewing the ADR provisions, the study attempts to assess the existing position of the court based ADR and its efficacy in settling disputes. The study focuses on fundamental laws relating to Court Based ADR in Bangladesh particularly in civil matters, family matters, revenue matters and Artha Rin (Money loan) suits. The study depicts the impact of incorporation of ADR in settling civil suits by analyzing secondary data. It investigates the feasibility of introducing any change into the existing ADR framework in order to develop the present Court Based ADR mechanism. The study concludes by finding out the major challenges of court based ADR in its way of success in Bangladesh.