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.