ALTERNATIVE DISPUTE RESOLUTION IN THE LEGAL SYSTEM OF BANGLADESH: AN ANALYTICAL STUDY

The present formal judicial system of Bangladesh is expensive, inflexibility, excessive delayed and technicality. As a result, the current backlog and delay problem in Bangladesh has reached such a proportion that it effectively denies the rights of citizens to redress their grievance. For that reasons a means of resolving the problems of justice system, Alternative Dispute Resolution (ADR) has been introduced into the formal legal system of Bangladesh which is the timeliest step taken ever. The purpose of the alternative dispute resolution is not to substitute consensual disposal for adversarial disposal or to abolish or discourage informal mediation or arbitration outside the courts, but to make ADR a part and parcel of the formal legal system preserving the trial court’s statutory authority and jurisdiction to try the case. It would be useful to import some elements of consensual resolution into the formal judicial system in order to enable litigants or for that matter, potential litigants, to be assured of justice delivery with speed and with less cost. Therefore, this research will critically analyze the existing laws relevant to the ADR and will suggest some guidelines to improve the existing process in Bangladesh by adopting qualitative research method.