Scope and Prospective of ADR in Criminal proceedings: Bangladesh perspective.

Abstract

Alternative Dispute Resolution or simply ADR is the procedure for settlement of disputes between two or more disputant parties, usually outside the court without following rigid litigation processes, by means of mediation, arbitration or negotiation. The main purpose behind the establishment of the system of ADR was to reduce the burden on courts, to make the litigation inexpensive and less rigid to those who can‟t afford more time and money. In the Criminal Jurisprudence any criminal acts/offences are regarded as crimes against the State, but not against the victim and only State has the Jurisdiction to address it. Since, ADR is a dispute resolver, it is very difficult to call crime a dispute and hence, ADR is only restricted to petty crimes like matrimonial disputes, motor vehicle cases etc. But the Indian Courts today are flooded with numerous cases resulting in pending litigation. But it is also very necessary to reduce the over-burden of litigation on the Courts. Thus, this paper focuses on the essentiality of ADR in Criminal trial and to increase its scope for the same. The main purpose behind this paper was to educate people and make them realise the importance of ADR. In addition, this study also analyses the system of Alternative Dispute Resolution in India, its types, their functions, role in the Indian Criminal Judicial system and a brief comparison of ADR in different countries. 1.2 INTRODUCTION Lon L. Fuller describes Alternative Dispute Resolution (ADR) as: “a road that parties must travel to arrive at their goal of mutually satisfactory settlement.”Any dispute is just like a Cancer. If it is resolved sooner, it is better for all the parties concerned to it. In Indian courts the no. of cases pending are huge.The present system falls short to deliver rapid and reasonable support to the party. The procedure is also very complex. This leads to a search for an alternative mechanism which should be inexpensive and quick.