The Role of Alternative Dispute Resolution (ADR) in Settling Family Disputes within the Framework of Family Courts in Bangladesh: An Overview

Abstract

This study provides an in-depth analysis of the significance, function, and transformative impact of Alternative Dispute Resolution (ADR) mechanisms in settling family disputes within Bangladesh‟s Family Court system. Family conflicts spanning divorce, child custody, maintenance, dower, and restitution of conjugal rights are deeply personal, often entangled with emotional, social, and psychological complexities that traditional litigation struggles to address. The adversarial nature of court proceedings, coupled with prolonged delays and financial burdens, frequently exacerbates tensions rather than fostering resolution. In contrast, ADR methods including mediation, arbitration, negotiation, and conciliation offer a more efficient, affordable, and harmonious approach to dispute resolution. These mechanisms prioritize relationship preservation and safeguard vulnerable groups, particularly women and children. This research evaluates Bangladesh‟s existing legal framework governing ADR, particularly under the Family Courts Ordinance 1985, the Code of Civil Procedure 1908, and the Legal Aid Act 2000, while identifying key shortcomings such as procedural inconsistencies, weak institutional support, and societal reluctance. Furthermore, the study assesses the contributions of judges, legal practitioners, NGOs, and civil society in promoting ADR, alongside persistent obstacles like limited training, entrenched patriarchal attitudes, and low public awareness. By drawing comparative lessons from countries like India, the UK, and Malaysia where structured ADR systems and compulsory mediation have been successfully implemented the paper recommends context-specific reforms for Bangladesh. The study concludes that while ADR cannot wholly replace traditional litigation, it should be systematically integrated as a fundamental pillar of family justice. To maximize ADR‟s benefits improving access to justice, alleviating court congestion, and fostering social cohesion policy reforms must include legal amendments, institutional strengthening, gender-sensitive approaches, and widespread public awareness campaigns.