THE ROLE OF JUDICIARY TO UPHOLD ALTERNATIVE DISPUTE RESOLUTION IN BANGLADESH: AN ANALYSIS
Journal: International Journal of Advanced Research (Vol.8, No. 8)Publication Date: 2020-08-18
Authors : Musferat Mazrun Chowdhury; Shibly Islam;
Page : 668-675
Keywords : International Journal of Advanced Research (IJAR);
Abstract
Recently Alternative Dispute Resolution (ADR) has gained widespread acceptance among both the general public and the legal profession in ensuring prompt and available disposition of justice. Almost two decades have been passed since ADR was introduced in the civil justice system in Bangladesh like many other countries. Actually ADR system is a supplementary to the traditional trial and tries to resolve a dispute in a compromising manner where both party solve their problems in a win- win strategy. But after a many years of introducing this in the legal system of Bangladesh, no remarkable improvement is being seen in judicial system. This study explores the challenges of ADR for which the burden of cases are not being reduced considerably and to find out the effective role of Judiciary in this aspect. Lack of public awareness, less interest of lawyers, deficiency of circulation and monitoring are some causes for this situation. We have gone through the application of ADR of some countries which are seen to be benefitted and this study suggests for some recommendation which may be taken by judiciary for establishing ADR in a developed way. This work is based on secondary data. It may help the judiciary and the policy makers to develop their ideas for taking necessary steps in the application of ADR at optimum level.
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Last modified: 2020-09-09 19:13:59