Introduction to Alternative Dispute Resolution (ADR)
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This document discusses alternative dispute resolution (ADR). It defines ADR as resolving disputes without a trial through processes like arbitration, mediation, and neutral evaluation. The document outlines the philosophies and goals of ADR, including encouraging settlement, adopting a win-win approach, integrating parties' interests, and complying with social norms. It also discusses the success of ADR in Bangladesh, noting statistics that show high rates of cases being resolved through mediation and ADR mechanisms in family courts and other laws.
Introduction to Alternative Dispute Resolution (ADR)
- 1. By Md. Zubair Kasem Khan LL.B (Hon’s), MCL, PhD. (In Advancement) International Islamic University Malaysia (IIUM). 1
- 2. Meaning of Alternative Dispute Resolution (ADR) Philosophies of ADR Goals and Objectives of ADR Success of ADR in Bangladesh 2 Outlines…
- 3. The term “Dispute” in Alternative Dispute Resolutions (ADR) means- “ a specific disagreement concerning a matter of fact, law or policy in which a claim or assertion of one party is met with refusal, counter- claim or denial by the other”. Meaning of Alternative Dispute Resolution (ADR) The term “Resolutions” under the auspices of ADR denotes- “the way of finding solution of a dispute by the agreement of both the parties with some mutually agreed terms” 3
- 4. Therefore, Alternative dispute resolution (ADR) refers to a variety of processes that help parties to resolve disputes without a trial. In other words, ADR is a type of dispute resolution that seeks to limit the costs of litigation by using alternative, often out-of- court means, such as arbitration, conciliation and summary possession proceedings. Continuing Typical ADR processes include mediation, arbitration, neutral evaluation, and collaborative law. These processes are generally confidential, less formal, and less stressful than traditional court proceedings. 4
- 5. Encourage Settlement Directly Reconciliation Between Disputants Create Social Bindings And Justice Positive Outcomes Help Build confidence In The Community Settlement of Disputes Continuing 5
- 6. Win-Win Approach As An Application Of Confucianism: According to Confucius- “a better way to resolve a dispute is through persuasion and compromise, rather than by coercion through a sovereign authority.” This philosophy is reflected in ADR, where parties try to resolve their disputes in a consensual manner. Philosophies of ADR In Adversarial trial system, lawyers ‘thinks’ in terms of ‘Rights’ and not in terms of ‘Interests’, and thus becomes not to find the best solution for their clients, but to win the case. Thus, the system of ADR avoids this kind of hostile process, has greater potential to attend a win-win solution which ensure better satisfactions of the interests of both the parties. 6
- 7. Integrative Approach: Dispute may arise between people when have different opinions and ADR tries to attain a consensual solution between the parties based on their common interest. And thus, ADR process integrates parties and provides them with an option to continue their relationship on the basis of a sharing interest in the future. Continuing At the same time, ADR system helps to demolish alienated attitudes between parties and check them to become antagonistic to each other. 7
- 8. Compliance With Social Norms: Since ADR processes do not strictly rely on legal principles and emphasize parties’ interests more than their legal rights, therefore, the outcomes of the disputes through ADR system are much more flexible. Continuing This flexibility allows third party facilitators to adopt or consider social norms in ADR to attain a more acceptable solution and avoid rigidness unlike which is present in an adversarial justice system. 8
- 9. ADR Quicker Resolution of Disputes Less Individual and Social Cost to Resolve Disputes Flexible Process and Outcome Consensual Process to Enhance Social Harmony Higher Abidance leads to a Permanent Resolution of Conflicts Confidential Process Goals and Objectives of ADR 9
- 10. After the insertion of ADR mechanisms in the different existing laws, a great achievement in the disposal of the suits has been acquired by ADR which can be perceived from the following pictures. Since the activation of ADR in the family courts the average rate of substantive disposal by compromise through mediation has gone up to 60% compared to contested decree. Under the pilot project in 13 districts total number of disposal of cases by way of mediation from 2000 to 2004 is 2418 and during this time through these courts total amount of realization is Tk.77770455. Under section 89A of C.P.C total 12402 cases were disposed through mediation from July 2003 to June 2006. The Artha Rin Adalat Ain total 24945 cases were solved through ADR from May 2003 to February 2006 across the country. 10 Success of ADR in Bangladesh