Research Monograph On “Alternative Dispute Resolution and Access to Justice: Combatting Jurisdictional Conflicts”

Abstract

This research evaluates the functioning and potentiality of Alternative Dispute Resolution (ADR) in relation to family law in Bangladesh. ADR (i.e. mediation, arbitration, negotiation, and conciliation) can provide displaced, a source of alternative to ordinary litigation. ADR also facilitates timely, cheaper, and simpler resolutions of conflict or dispute. Although ADR is included under several important legal frameworks such as the Muslim Family Laws Ordinance 1961 and the Family Courts Ordinance 1985, the public's unfamiliarity with the ADR process, the absence of trained lawyers and lack of institutional endorsement and structures in the legal system of Bangladesh, greatly curtails the effectiveness of Alternative Dispute Resolution (ADR). This research utilized both analytical and empirical research methods to ascertain characteristics that limit Alternative Dispute Resolution (ADR) as a effective and efficient method of resolving family law related matters and in identifying the role of non-governmental organization in promoting conflict resolution at the community level. The researcher argues that an established Alternative Dispute Resolution (ADR) model for family law matters, a greater level of awareness, and trained court and private practitioners would increase access to justice and improve effectiveness of ADR model disputes in family law in Bangladesh.