The Dynamism of the Structure and Mechanism of the Alternative Dispute Resolution (ADR) System in Bangladesh for Dispute Resolution Outside the Formal Courts

Abstract

This study aimed to investigate the dynamic nature of this hybrid system to serve society in contemporary Bangladesh's changing circumstances effectively. Through a content analysis of documents and literature, it was found that the system is quite dynamic and effective in terms of structure and mechanism. Over the years, it has expanded in terms of scope and institutions to cover resolutions of conflicts relating to not only family affairs but civil disputes and even selected criminal cases. It is now compulsory for civil disputes to be addressed first through ADR. The system is gaining popularity in the country. The various ADR institutions entertain a large and increasing number of disputes of both natures every year. In most cases, the rate of success in resolving the cases submitted to these institutions is as high as 88%. However, handling civil disputes through ADR has yet to become popular. The record shows that in four districts, only 2.2% of civil suits were disposed of through ADR during 2012 and 2014. It suggests that adequate efforts need to be made to make ADR popular in this respect as well.