The judiciary is considered the foundational rock of any nation's pursuit of justice and rule of law. But in Bangladesh, this essential institution is facing several challenges to its conduct, including crushing backlogs of cases, soaring costs of litigation and delays stretching for decades. These barriers can lead citizens to become disinterested in the formal legal system as unresponsive and ineffective. Here, Alternative Dispute Resolution (ADR) is a viable solution, providing an efficient and cost-effective approach to resolving disputes.

ADR refers to an informal method for resolving a dispute without resorting to traditional litigation. In contrast with the adversarial nature of court proceedings, ADR encourages cooperation and consensus between the two parties involved. Its methods— arbitration, mediation, conciliation and negotiation, while designed to save time and money, also preserves confidentiality and goodwill between the parties. ADR practices are quite well-known across the globe for resolving commercial, family, and labour disputes.

Dispute resolution has been an informal yet important practice among the people of Bangladesh,  particularly in rural areas, where the shalish dominates as a village-based mechanism for dispute resolution. Yet, ADR received its formal legal treatment only after several pieces of legislature intervened to address the wrongs through methods alternative to traditional litigation.

The Arbitration Act 1940 initially regulated the concept of arbitration. However, subsequently, the Shalish Ain 2001 was enacted to modernise arbitration and is one of the latest statutes in harmony with the principles of the UNCITRAL Model Law. The mandatory requirement of mediation in civil matters under Part V of the Code of Civil Procedure 1908 is further proof of formalisation and institutionalisation of ADR processes. For family and labour disputes, ADR mechanisms were established by the Code of Civil Procedure (Amendment) Act 2003, the Family Courts Ordinance 1985 (now replaced with the Family Courts Act 2023), and the Labour Act 2006.

In fact, court cases in Bangladesh can drag on for years or even decades, whereas, ADR provides resolution in weeks or months, facilitating quicker relief to disputants. ADR processes, such as mediation and arbitration, are far more cost-effective than traditional litigation. Hence, ADR not only ensures justice for people from all walks of life, but also alleviates pressure from the courts,  allowing the judiciary to focus on more complex and critical matters.

However, there are challenges towards the effective implementation of ADR in Bangladesh. For example, the awareness level of litigants and even legal practitioners about ADR mechanisms and processes is quite low. Again, almost all ADR facilities e.g., arbitration centers and trained mediators, are largely located in urban areas.

On the other hand, there have been efforts to strengthen institutional support for the promotion of ADR. The Bangladesh International Arbitration Centre (BIAC) has been established as a dedicated platform for arbitration and mediation. The promotion of ADR is also supported through funding and technical assistance of the initiatives from international organisations, such as the World Bank and UNDP.

Finally, ADR must be explained nationally to citizens, especially in rural areas. The quality of ADR services can be increased by a robust training programme for the judges, lawyers, mediators and arbitrators. More ADR facilities in rural and remote geographical areas would improve access and institutional backing. To ensure ADR is effectively integrated into the legal system, courts should actively engage ADR for appropriate cases and track their outcomes.

The writer is law student at the University of London.