Focus on introducing ADR courses in legal education

Speakers at a dialogue on Thursday stressed the need for introducing Alternative Dispute Resolution (ADR) courses in legal education.

Bangladesh International Arbitration Centre (BIAC) organised the dialogue in the city. It was attended by eminent academicians, lawyers and representatives from the corporate houses.

Former Dean of Faculty of Law of Dhaka University Prof Dr Taslima Monsoor attended the event as a guest of honour.

While speaking at the dialogue, she said how the field of dispute resolution appears to have quite different meanings and functions inside and outside law faculties.

"If ADR is being used as a vehicle to teach lawyers' skills and process, then some of serious political and policy issues raised by wholesale exclusion of certain categories of cases from the court system might not be addressed."

"We do not have ADR as a subject being taught at most of our universities," she said and emphasised inclusion of ADR courses at honours level of law at all the universities of the country.

Dr Taslima also thanked BIAC for making substantial progress in popularising the concept of ADR among various stakeholders including the government, banks and financial institutions, corporate houses, lawyers and even law students.

Barrister Khaled Hamid Chowdhury, Head of Laws, London College of Legal Studies (South), delivered the keynote speech themed ''Teaching Alternative Dispute Resolution''.

He said law and policy makers have realised the need for alternative measures where mediation has started to feature in a subtle but definitive way.

Mr Chowdhury also mentioned that around 3.3 million cases are now pending with courts. It is destined to reach a staggering figure of 5.0 million by 2020.

"There is only one judge for around 2,000 cases and on that note the ADR can play an important role."

Mr Chowdhury opined that teaching and promoting the ADR at undergraduate and university level is very important because it will promote a culture where litigation would not be preferred or promoted and will also change the mindset of people.

BIAC Chairman Mahbubur Rahman moderated the session and expressed satisfaction over the interest of eminent scholars and members of faculties of law of a number of universities participating at the dialogue.

He said the ADR can resolve disputes amicably at low cost and less time.

The present legal education system in Bangladesh does not give enough priority to this important area, he added.

Mr Rahman mentioned that since 2011 to date BIAC has not only facilitated 269 hearings on numerous ADR cases but also organised 30 arbitration training courses, 17 mediation training courses and 9 negotiation training courses including 7 courses conducted abroad.

It also trained over 1,290 participants from civil service, banks, legal fraternity, financial institutions, corporate houses as well as students of law, he added.

Speaking on the occasion, Muhammad A. (Rumee) Ali highlighted the background of the emergence of the BIAC.

He also narrated BIAC's recent achievements in applying best practices of the ADR in the country by facilitating arbitration and mediation and also by arranging training programmes on the ADR at home and abroad for representatives from banks and financial institutions, government, legal fraternity, corporate institutions and students of law.

The event was attended, among others, by Dr. Shahdeen Malik, senior advocate of Supreme Court of Bangladesh and adjunct professor of Law of University of Asia Pacific, Dr. Anowar Zahid, Professor and Dean, Faculty of Law, Eastern University, Barrister Margub Kabir, Associate, Huq and Company, Dr. Jamila Ahmed Chowdhury, Professor, Department of Law, University of Dhaka, Dr. Parvez Ahmed, Chairperson, Department of Law, Green University Bangladesh, Barrister Sameer Sattar, Sattar & Co, A F Wazir Ahmad, Director, BBA and Proctor, University of Liberal Arts Bangladesh, Professor Dr. Farhana Helal Mehtab, Associate Dean, Faculty of Humanities and Social Science, Daffodil International University, Christabel Randolph, Head of Legal, Marico Bangladesh Ltd, and Barrister Tamanna Ashfi, Student Counsellor and Lecturer, Department of Law, Bhuiyan Academy.

Visiting Bhutanese delegation from the Bhutan Alternative Dispute Resolution Centre comprising Head of Legal Division Ms. Migmar Lham and Finance Officer Mr. Suba Dhan Rai also attended the dialogue.

BIAC is the country's first and only licensed and registered institution in Bangladesh and it aims to embed the use of ADR as a commercial best practice to help, assist and facilitate creation of an ecosystem that fosters investment including Foreign Direct Investment (FDI) and is conducive to business.

jasimharoon@yahoo.com