Abstract
Alternative Dispute Resolution (ADR) is an innovative movement in the civil justice system of Bangladesh including land conflict. Traditional judicial process of Bangladesh especially land litigation is time consuming, expensive and very much complex. People involved in the land conflict, are fear to go to the court to settle their dispute due to unreasonable delay, expenses and unbearable sufferings and most of them prefer ADR as a way of resolving their dispute. Bangladesh has emphasized Alternative Dispute Resolution (ADR) as a means to resolve civil conflict as it saves time, money and energy of conflicting parties, reduces backlog of cases and work volume of court officials and also saves valuable time of the court. Recently ADR has become a popular means of settlement of land conflict among the people of Bangladesh as it is confidential, informal and relieves the parties from sufferings. The main objective of this study is to identify the legal and administrative challenges of ADR as a means of settlement of land conflict in Bangladesh and also to suggest an avenue for the complete success of ADR as an effective means to resolve land conflict in the rural areas of Bangladesh. This study is qualitative in nature which is conducted on the basis of secondary data. Data are collected from various journals, books, reports, newspaper writing and decision of apex court of Bangladesh. The core implication of this research is that it will open a new avenue for the policy maker of the country and the conflicting parties would be able to resolve their land dispute through a peaceful means.
Highlights
In adversarial system of justice like Bangladesh, justice seeker has to suffer more due to lack of proper court management system, shortage of court officials, unreasonable delay, expenses, corruption and procedural complexity, efficient and dutiful court officials and lawyers
The main objective of this study is to identify the legal and administrative challenges of Alternative Dispute Resolution (ADR) as a means of settlement of land conflict in Bangladesh and to suggest an avenue for the complete success of ADR as an effective means to resolve land conflict in the rural areas of Bangladesh
Recommendations to overcome administrative challenges: 6) To get full benefit of ADR as a peaceful means of settlement of land conflict massive awareness should be created among the people of the rural areas of Bangladesh
Summary
In adversarial system of justice like Bangladesh, justice seeker has to suffer more due to lack of proper court management system, shortage of court officials, unreasonable delay, expenses, corruption and procedural complexity, efficient and dutiful court officials and lawyers. Modasher Hossain stated in “South Asian Regional Workshop on Alternative Dispute Resolution” held on 7th and 8th March, 2004 at British Council, Dhaka that “in our present legal system, increasing expenses of litigation, delay in disposal of cases and huge backlogs have virtually shaken the confidence of the people in the judiciary In this backdrop, we cannot but ponder about the device like ADR which is potentially useful for reducing the backlogs and delay in some cases of our courts. Lack of confidence among the parties, lack of awareness regarding advantages of ADR, lack of accountability, shortage of effective and dutiful mediator in case of informal ADR (outside of court), lack of cooperation of lawyers, disconnect between rules and reality are the major legal and administrative challenges of ADR in the settlement of land conflict in the rural area of Bangladesh
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