Goodbye legal tussles, welcome fast solutions!

Alternative Dispute Resolution (ADR) is a necessity to address the challenge of massive case backlog in the country's judicial system.
According to Supreme Court statistics, as many as 963,081 civil cases were pending in different courts of Bangladesh as of December 31, 2012, of which 869,614 were in the lower courts and 93,467 in the High Court and Appellate Division of the Supreme Court. It is assumed that 15 per cent of these civil cases were commercial in nature and that accounted for around 144,462 pending commercial cases.
A variety of factors potentially contribute to this large caseload including increased crime, limited staffing and dated technology in courts, which only slow down the wheels of the judicial system. This is frustrating for judicial officials and painful for justice seekers. This complicated process has always been one of the major impediments to business growth and investment in Bangladesh. Case backlogs have forced Bangladesh to take a harder look at the promotion of alternative dispute resolution techniques to solve disputes without taking recourse to litigation.
Eventually, the Code of Civil Procedure (CPC) was amended and mediation made mandatory for all civil cases. This is a remarkable development from both government and private sector perspectives. After implementation of mandatory mediation, government will be able to reduce backlog of pending cases and thus release court pressure; on the other hand, private sector would feel comfortable in the dispute resolution system as they would be able to resolve their cases quickly and more efficiently.
Mediation will involve a paradigm shift in the way disputes are handled, recognising also that litigation may not be always the most appropriate method for resolving a dispute.
ADR offers disputants the opportunity, through the help of an impartial third party, to come to a settlement among themselves in a more efficient and cost-effective manner outside the judicial system. Depending on the method employed, decisions could be either binding or non-binding.
Critical to the success of any such system is its acceptance by the legal community and the general population. Such acceptance would necessitate the development of a mediation culture through education and raising awareness of ADR and its benefits, not just among members of the legal community but also among the wider populace.
The Ministry of Law, Justice and Parliamentary Affairs is working relentlessly to operationalise mandatory mediation including awareness and training. The Ministry is working very closely with the Supreme Court in formulating the mandatory mediation rules adapted from international best practices of similar jurisdiction and tailoring those to the legal context of Bangladesh. The finalisation of the rules by the Law Ministry and Supreme Court is underway.
The Bangladesh International Arbitration Centre (BIAC), the first-ever institutional Alternative Dispute Resolution (ADR) centre in Bangladesh, has also introduced mediation, framing and publishing the first-ever institutional mediation rules for commercial use. This surely adds a new dimension to the overall mediation regime in Bangladesh. So, when a commercial or civil dispute arises, there will be several options for the businesses and individuals to opt for swift resolution. This would reduce the court burden and ultimately help businesses from taking unnecessary hassle of litigation.
Naturally, mediation is not a panacea. In many cases this method may not be appropriate over litigation. There will also be some instances where even after arbitration is tried, the parties may still decide to litigate, which could be additionally costly to the opposing sides.
However, global experiences have shown that mediation has had a positive impact on court systems in countries where it was effectively introduced. Most studies show that in modern societies, ADR is most effective as an adjunct, and not a substitute, for traditional dispute settlement processes.
The future of ADR seems promising in Bangladesh. The comprehensive strategy and action plan taken by the government and private sector in overcoming long-winded cases will hopefully catch on.
As a reminder, access to justice poses problems that still need to be addressed. Mediation is not the definitive solution but is a step along that path. Implemented wisely, evaluated realistically, and measured against pragmatic expectations, it holds the promise to help businesses grow and ultimately increase confidence in our civil justice system.
TFeroze@ifc.org