Alternative Dispute Resolution: The Appropriate Civil Justice in Bangladesh

Abstract

Alternative Dispute Resolution (ADR) has emerged as an important mechanism for ensuring efficient, accessible, and cost-effective justice throughout the world. In Bangladesh, the traditional civil justice system faces significant challenges, including case backlogs, procedural delays, and high litigation costs. Consequently, ADR has gained increasing recognition as a practical alternative to conventional court-based dispute resolution. This thesis examines the concept, development, legal framework, and effectiveness of ADR in Bangladesh. The study analyzes ADR mechanisms such as negotiation, mediation, arbitration, and conciliation and evaluates their role in promoting civil justice. Particular attention is given to relevant legal instruments, including the Code of Civil Procedure 1908, Arbitration Act 2001, Family Courts Ordinance 1985, Labour Act 2006, Village Court Act 2006, and Money Loan Court Act 2003. The research adopts a doctrinal methodology based on primary and secondary legal sources. The findings reveal that ADR significantly contributes to reducing litigation costs, ensuring speedy dispute resolution, preserving relationships, and decreasing court congestion. However, challenges such as lack of public awareness, inadequate institutional support, shortage of trained professionals, and enforcement difficulties continue to affect its effectiveness. The study concludes that ADR has substantial potential to function as an appropriate civil justice mechanism in Bangladesh, provided that necessary legal, institutional, and policy reforms are implemented.