Artha rin adalat ain 2003 bangladesh pdf files

The justification of practicing evaluative mediation in court-connected mediation can be observed in the words of K.M. Thus, it is not unlikely that the evaluative nature of traditional dispute resolution system conducted in out-of-court settings might also have some influence on our current day to day practice of court-annexed mediation in Bangladesh. It is not a recent phenomenon in Bangladeshi culture, rather a customary practice of the informal justice system that has a history of more than a thousand years. Like India, the history of panchayat/salish plays a vital role in governing informal and traditional dispute resolution system in this region. If we emphasize more on women, then it can be seen that mediation allows women to access justice without violating their social values in Bangladesh since it allows women to discuss their personal family matters in the entirely confidential mediation sessions which they otherwise would opt not to discuss because of the conservative nature of our society. This informal method can minimize the financial burden and ensure timely justice, without creating excessive delays. Д¬onsidering all these limitations of the formal court system and the socioeconomic context of Bangladesh, mediation is considered a promising alternative for ensuring access to justice, especially for the poor and women. The lesser accessibility to formal justice affects women in Bangladesh even more because women are at a decided disadvantage in their access and control of material resources, mainly because of their lower educational attainment and lesser involvement in income-generating activities. Therefore, we can see that only 5.5 judges in the lower judiciary serve every million people. According to Transparency International Global Corruption Report 2007, there are only 77 Supreme Court Judges and 750 Subordinate Court Judges to dispense justice to a population of nearly 150 million people in Bangladesh. As the disposal of cases is delayed, total charges paid to the lawyers increase with consecutive court appearances. Sometimes, the costs are exacerbated due to delays. For instance, in Bangladesh, most parties (63 percent) have no option but to bribe court officials to accelerate the disposal of their cases. Sometimes, the cost of litigation is further increased by the cost of bribes. Most of the Bangladeshi people cannot even afford to reach the doors of law and derive any benefits of their services. According to Article 27 of the Constitution of the PeopleвЂ™s Republic of Bangladesh, вЂњAll citizens are equal before law and are entitled to equal protection of lawвЂќ. However, it is still not approached widely by the mass people and as such, they continue to suffer because of the court based complex litigation process. One of the most important rules in mediation is that the whole process is entirely confidential and no offer, concession or admission made by any party can be used up until a settlement is reached. It is the parties who decide the outcome. There is no judge and hence, no one is there to impose any decision. It is cost-effective and less time-consuming, unlike court litigations.

It is chosen to address disputes by way of a voluntary procedure with the aid of a neutral facilitator who helps the parties in reaching a settlement that is satisfactory to all the concerned parties involved in the dispute. Mediation is an alternative dispute resolution process which is growing rapidly in Bangladesh. Mediation and Problems in the Formal Justice System People silently bearing the agonies and burns of injustice done to them in various spheres of life without any legal relief is something that is witnessed frequently. Cost is important because we live in a system in which money often matters more than merit. Another important factor that hinders peopleвЂ™s access to justice is the cost of the dispute resolution process. While praying for justice, the parties become part of a long protracted and torturous process, not knowing when it will end. It has become an instance of injustice, a violation of human rights. The backlogs and delays in our courts, have reached such a proportion that it effectively denies the rights of citizens to redress their grievances, especially of the poor people. Here, the whole process from the filing of the complaint to the documentation of the mediation decision is moderated and facilitated by NGO staff.Д« angladesh is a country where there are numerous cases pending before various courts. It is an improved variation of the traditional salish conducted by village elites to resolve various disputes that arise in their respective localities. Recent developments in Bangladesh reflect a change towards out-of-court NGO-based mediation. Focus Keywords: Mediation in Bangladesh, Mediating legal disputes,В Alternative Disputes Resolution (ADR)

Artha rin adalat ain 2003 bangladesh pdf files