ADR an effective tool for mediation

Bangladesh is one of the poorest countries in the world where the level of respect and awareness regarding social justice and human rights are still in a bad situation. The condition is worse for the underprivileged groups, especially for indigenous people, religious minorities, inhabitants in the char and haor areas, women, children and hardcore poor people.
According to article 27 of the Constitution of the People's Republic of Bangladesh, "All citizens are equal before law and are entitled to equal protection of law". Despite such legal provision, a great number of people in Bangladesh are deprived of their constitutional right of access to justice. The poor litigants are incapable of seeking justice due to their financial insolvency, destitution, helplessness and various socio-economic conditions. All these aspects have still kept them subjugated and ignorant of the basic human rights and amenities.
Our poor people, most of whom pass more than half of the year through acute poverty, cannot afford to reach the doors of law and as a result, they silently bear the pangs of injustice in various spheres of life without any legal relief. This, in other words, is a negation of their fundamental rights of equality before law and the equal protection of law. In order to ensure access to justice to these poor people, the government of Bangladesh enacted Legal Aid Services Act 2000 (LASA). Under this Act, the government has created opportunities for the public to get legal aid support free of cost. The government also initiated to observe April 28 each year as the National Legal Aid Day since 2013 in order to create mass awareness on legal issues.
The concept of human security has contributed to a better understanding of the relationship between security and development. It is premised on the view that citizens will be best positioned to participate fully and equally in local or national economic and social development initiatives if they enjoy legal protection at home, community and workplace.
Resolutions of different disputes are not gender sensitive and do not serve the minority communities, people with disability, ethnic groups, poor people and women. To overcome this situation, it is worthwhile to look at Alternative Dispute Resolution (ADR). The cardinal principles of this process require the participation of the parties to the dispute and decision making by themselves in their best interest. The role of the mediators is to facilitate the process of mediation so that disputants are able to reach a win-win solution. The mediators should not impose any decision on the disputants.
One important step to consolidate the achievements of Alternative Dispute Resolution (ADR) is to activate the Village Court (a quasi-judicial body to settle minor civil and criminal disputes) and Arbitration Council through proper training of the stakeholders on both Village Court procedures and mediation processes.
Alternative Dispute Resolution is the most effective means of resolving disputes beyond the court. It is very much effective in reducing the bulk of cases pending in the courts. It is used to depict wide varieties of dispute resolving mechanisms. Besides, ADR also saves valuable time and cost involved in complex and lengthy litigation process. Alternative Dispute Resolution is a very effective tool for resolving petty civil, criminal and family matters.
Although ADR is an old concept, it became an integral part of English Civil Procedure only in 1998 through the Reports of Lord Justice Woolf. With the courts of Bangladesh being flooded with overwhelming number of cases, it is about time we appreciated the concept of ADR and take appropriate steps to facilitate mediation and arbitration not merely by bringing amendments in the laws but also enforcing them.
The benefit of mediation is that a neutral third-party mediator works as a 'shuttle diplomat' between the parties and explores the scopes of concession or compromise without directing or imposing on the parties as to what they should agree. Thus, unlike in courts, the ultimate control of the mediation remains in the hands of the parties involved with.
Working on structuring the rules for mediation and preparing ADR professionals, the courts and lawyers can make ADR a voluntary and favoured choice of potential litigants over and above court proceedings. The government can also take a meaningful step to gear up the process of mediation beyond the court proceedings. It is obvious that only the judiciary or any other single organisation is not capable to ensure human rights and social justice in society through providing legal aid supports but a comprehensive effort is essential in this regard. Responsive media role is also important for achieving the goal of peace and prosperity in the society.
The writer is a Team Leader for 'Improved Justice and Legal Aid Services (IJLAS)' of Light House.
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