Mediation in Bangladesh (ADR)

 

‘Mediation’ is one of the mode to resolve dispute between the parties.  It is also named as ‘Alternative Dispute Resolution’, ‘(ADR)’ in Bangladesh. Now this mechanism has become part and parcel of our formal legal system. Provisions relating to mediation of disputes in Bangladesh are as below:

 

 

Serial No.	Relevant Legislation	Relevant Sections	Key Actors
1.	The Code of Civil Procedure (Amendment) Act, 1908	Section 89A, 89B,89C	The court itself or a third party mediator
2.	Artha Rin Adalat Ain,2003	Section 22,23,24,25
3.	The Family Courts Ordinance, 1985	Section10(3), 10(4) & 13	The court itself
4.	Village Court Act, 2006	Section 6(kha)	Local Government Representatives  and representative of each party
5.	Code of  Criminal Procedure, 1898	Section 345	Offences mentioned in the chart.
6.	Arbitration Act, 2001	Section 22

 

 

Code of Civil Procedure, 1908:

 

Sections 89A, 89B and 89C  of the Code of Civil Procedure, 1908 deals with the provision for mediation. After filing of written statement the Court shall after adjourning the hearing, mediate in order to settle the dispute or disputes in the suit or refer the dispute or disputes in the suit to the engaged pleaders of the parties or to a mediator from the panel prepared by the District Judge.  Thereafter the pleaders shall in consultation with their respective clients appoint another as mediator. Within ten days of order for mediation the parties shall serve notice in writing to the court about the progress of initiation for mediation and the mediation procedure will have to be completed within 60 days. If it is not completed within 60 days another 30 days can be extended. If the mediation becomes successful, the mediator shall draft an agreement on such terms and conditions as the parties agreed upon. The parties, pleaders and mediator will sign on it. Upon submission of agreement within 7 days the Court will pass a decree accordingly. If the mediation procedure fails the proceedings of the suit will start from the stage it has been stopped before mediation.  Section 89C provides  for scope of  mediation in Appellate Court.

 

Artha Rin Adalat Ain, 2003:

 

Chapter v of Artha Rin Adalat Ain, 2003 provides for settlement of any dispute through mediation. Section 22 of the Artha Rin Adalat Ain, 2003 provides for Settlement Conference after filing of written statement. The Court shall refer the matter to the parties or their lawyer for mediation. After completion of mediation procedure, a report consisting of signature of both parties, pleaders and mediator is to be submitted in the Court. If the matter is resolved by mediation, the terms and conditions of the report is to be written in an agreement.  Thereafter the Court  will pass a decree on the basis of the agreement.

 

The Family Court Ordinance, 1985:

 

When the written statement is filed, the Family Court  shall fix a date for a pre-trial hearing of the suit. On the date fixed for pre-trial hearing, the Court shall try to compromise or reconciliation between the parties.

 

Village Court Act,2006:

 

After formation of Village Court the Court shall hear both the parties  and decide issues between the parties. Thereafter the Court shall take initiative of conciliation between the parties.  If the mediation becomes successful, the terms and conditions as the parties agreed upon will be incorporated in an agreement which is to be signed by both the parties and their nominated person. After that the Village Court shall pass the ‘order or decree’ accordingly.

 

 

The Code of Criminal Procedure,1898:

 

The code of Criminal Procedure provides for scope of compounding of some offences which has been stated in the chart of section 345 of the Code.

 

Arbitration Act,2001:

 

Section 22 of Arbitration Act also provides for the scope of ‘Mediation’. According to this act upon consensus of all parties at any stage of arbitration can follow mediation procedure. At the time of continuation of dispute if parties resolve the matter amicably and if the parties requests the tribunal regarding this, the Arbitration Tribunal shall record the consensus of decision as ‘award’ of the Tribunal.