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Alternative method can settle disputes quickly, cheaply: Mainul

October 27, 2007 00:00:00


Law and Information Adviser Mainul Hosein today said the Alternative Dispute Resolution (ADR) system would help settle disputes quickly and cheaply through understanding between the groups, reports BSS.
He said the ADR process would help settle disputes through consensual method as no side would bear any grudge for not winning as this method is chosen voluntarily by the parties.
The adviser said this after a National Consultation on Alternative Dispute Resolution at a local hotel in the city. The adviser addressed the consultation as the chief guest.
The Ministry of Law, Justice and Parliamentary Affairs and Bangladesh Legal Reform Project, funded by the Canadian government, jointly organised the consultation.
Chairman of the Law Commission and former chief justice of Bangladesh Mustafa Kamal and Canadian High Commissioner to Bangladesh Barbara Richardson addressed the function as special guests.
Additional Secretary of the Law Ministry SM Harun Osmani chaired the function. Project director Ian Morrison spoke on the occasion and Dr Rana P Sattar made a presentation on findings from ADR report. Joint Secretary of Law Ministry Nasreen Begum delivered the welcome address.
The law adviser said under the ADR method, there would be involvement of the court in finally resolving the disputes after both groups reach an understanding over the solution, and so the judges will make the verdict to give the solution a legal frame.
He, however, mentioned this is not a compulsory substitute for the normal dispute solution process by the court.
The adviser said everything should be done to ensure justice for all, both rich and poor, strong and weak to help maintain peace and progress of the country.
The adviser underlined the need for initiating more motivational works for the new method of dispute resolution and urged lawyers to come forward strongly in favour of the ADR process.
He expressed surprise saying that despite the participation of so many people including member of NGOs in so many ways for more than six years, enough support has yet been built in implementing the new method of dispute resolution.
The adviser said judicial separation from November 1, 2007 would help the judiciary dispense justice uninterrupted by executive works and without interference of the executive organ of the government. Now, the judiciary takes the responsibility of doing justice to people exclusively as their full time commitment.
"This is a major step along with others that must be taken to make the justice system easy, speedy, just and less costly," he said.
Replying to a question the adviser told reporters that the government has to formulate some laws to make adjustment between the executive and judiciary and everything would be done with the approval of the Supreme Court.
The Supreme Court will examine the laws before it approves, he said. He also differed with the reports of some newspapers of making any consultation with the Chief Justice on these matters.
The adviser said the present government wants to separate judiciary through understanding among all concerned. It is a big task which was not possible in the last 36 years, he said and sought cooperation of all including the media .
Judicial separation is a constitutional obligation and the government is doing it, he said adding that the government should make necessary adjustment with the executive for making judicial separation successful and all should accept that.
Mentioning the distinction between the justice of court and that of the administration the adviser said the executive magistrates operate mobile courts, traffic police charges fine for wrong car parking but judges do not do it as their jobs are separate.

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