Application of ADR in Family Court: A Critical Analysis Under Legal Framework and Practice in Bangladesh”

Abstract

The Family Court system in Bangladesh, governed by the Family Courts Ordinance, 1985, was established with the purpose of resolving family disputes effectively and fairly. However, the rise in case backlog and procedural delays has called for alternative methods of dispute resolution. Alternative Dispute Resolution (ADR), particularly mediation, has emerged as a powerful tool to ensure swift, confidential, and amicable settlement of family matters. This research critically examines the application of ADR in Family Courts of Bangladesh, focusing on both the legal framework and practical implementation. The study explores the legal provisions for ADR under the Family Courts Ordinance, analyses actual courtroom practices and highlights the role of judges, lawyers and parties in ADR processes. Furthermore, it identifies key challenges in implementation, including lack of awareness, inadequate training, cultural barriers, and absence of structured institutional support. A comparative analysis with jurisdictions like India, Pakistan, and the UK sheds light on possible reforms and best practices. Based on doctrinal research, case studies and secondary data analysis, this research aims to provide actionable recommendations to strengthen the integration of ADR within the Family Court system of Bangladesh. The findings suggest that a more robust institutional framework, public awareness, and judicial training can ensure better access to justice, especially for vulnerable groups, including women and children. Keywords: ADR, Family Courts, Mediation, Bangladesh.