Research Monograph on "ADR Mechanisms in Bangladesh: Widening Scopes for Access to Justice

Abstract

Rule of law and access to justice are important elements for the stability and development of states. Accordingly, almost in every jurisdiction, escalating emphasis has already been casted upon the Alternative Dispute Resolution schemes as a proven means to avoid the usage of adversarial hearings in the formal litigation in order to ensure access to justice for all in an amicable way. Bangladesh is pre-eminently included in such noble endeavours. The Access to Justice Movement and the Alternative Dispute Resolution movement have shaped the way in the role and functioning of courts in society. Both movements have criticized the courts for failing to provide precise, real and achievable justice for citizens. They have also emphasized ADR as a tool for providing better dispute resolution processes resulting in better outcomes. This paper aims to pinpoint the need for ADR and different types of dispute resolution mechanisms; and the need for dispute resolution system design as the most important preconditions for releasing the potential of ADR as a tool to provide access to justice. It is an attempt to provide a comprehensive idea in the way of access to justice in our legal system; and by reviewing access to justice both theoretically and in practice, and court and non-court-based-practices of those modalities under different legislations of Bangladesh, to show the fairness, efficiency and effectiveness of ADR towards the promotion of access to justice. Finally, it discusses alternative dispute resolution (ADR) reforms brought about in Bangladesh as a popular element of access to justice.