Alternative dispute resolution will reduce litigation pressure

The practice of resolving disputes through court as well as negotiation between the parties has existed since ancient times. Apart from this, the court-centered approach to resolving disputes often leads to prolonged proceedings due to various complexities associated with the court and the specific case. As a result, there has been a growing recognition that alternative dispute resolution offers a simpler and more effective method.

Basically Alternative dispute resolution which is also called ADR refers to the resolution of disputes or issues between parties through a legal process that is agreed upon and followed outside of the traditional court or legal system. Alternative dispute resolution is akin to 'restorative justice', wherein the parties are confronted with the underlying socio-economic and psychological factors contributing to the incident.

As per the Supreme Court's sources, the judicial system of Bangladesh settled 4,66,065 cases in the year 2021, whereas 4,75,667 cases were filed. However, six years ago, prior to the introduction of ADR in 2013, the difference between case filings and settlements was over 1 lakh. Alternative dispute resolution is one of the various effective steps taken in the judicial system to reduce this difference. The main objective of Alternative Dispute Resolution is to avoid complications and protracted litigation. There are three types of alternative dispute resolution systems in our country, including:

1. Negotiation: In this method, the parties reach an agreement by themselves through negotiation without the help of anyone.
2. Mediation: In this method, a third person is appointed as a mediator and helps both parties to reach a right decision through discussion without forcing or imposing a decision.
3. Arbitration: Similar to mediation, arbitration is conducted in a less formal manner, with a third party such as a court or arbitration body overseeing the process. The aim is to bring the parties to a compromise and formulate a solution.

Dispute or conflict is an inherent and essential aspect of human and social interactions. Disputes arise across various levels of society, ranging from individual and familial to national and international levels. In essence, conflict or dispute means a difference of opinion or conflict of interest between two or more people. The involved parties perceive their motives as incompatible and strive to gain an advantage, triumph over, or overcome one another.

Alternative dispute resolution (ADR) is a term used to refer a range of techniques employed to settle conflicts or disputes without resorting to the traditional court system. Given the escalating caseload within the courts, it has become crucial for stakeholders in the legal, social, and business sectors to embrace alternative methods of resolving disputes. It is important to note that Alternative dispute resolution (ADR) is not merely an option to alleviate the intricacies of litigation; rather, it is a necessity. The utilization of alternative dispute resolution in Bangladesh has experienced a moderate rise in popularity.

Since 2009, the government has implemented several measures to make justice accessible to the general public through alternative dispute resolution. ADR has been made compulsory at different stages of civil court proceedings. Diverse mediums are being utilized to educate the public about the advantages of ADR. Nevertheless, legal professionals believe that ADR should be introduced not only in civil cases but also in criminal cases to alleviate the growing burden of cases in Bangladesh and guarantee justice for ordinary citizens. According to them, ADR is more efficient in diminishing the duration, expenses, and intricacies of trials.

Last year, Prime Minister Sheikh Hasina at the inauguration of the National Legal Aid Day also emphasized on the use of alternative dispute resolution or ADR in criminal cases and said, "We want every person to get justice and that system should be implemented. Many cases have a long history. I think the law ministry will take appropriate steps in this regard." It is worth noting that our legal system is rooted in the British laws of the colonial era, which has led to certain remnants of that system still prevailing today. Unfortunately, this has resulted in the proliferation of corruption and bureaucracy within the judicial system.

People spend a significant amount of money to attend court in hopes of receiving justice, however, day after day, month after month pass, their cases remain unresolved, resulting in the creation of 4 million cases in the country. The frequent postponement of court dates has become a norm. Consequently, on the scheduled date, the parties involved in the trial bring witnesses only to discover that there is no judge present. In such situations, litigants and defendants can seek resolution through alternative dispute resolution methods, allowing them to address their issues independently. By doing so, the public's trust in the legal and justice system can be restored.

Alternative dispute resolution refers to a combination or combination of different methods, which are designed for the purpose of conflict or dispute resolution. There is no universal definition of alternative dispute resolution. Bangladesh is now a developing country and is improving economically. Because of this, Bangladesh and the citizens of this country are involved in various disputes at the national and international level. In that regard, the growing demand for alternative dispute resolution is noteworthy. Especially in developed countries, the use of alternative dispute resolution is widespread and it is said that alternative dispute resolution has a special role in achieving economic development in a country.

According to Black's Law Dictionary (9th ed. 2009), “Alternative Dispute Resolution refers to a technique of settling conflicts or disputes through methods other than litigation, such as arbitration or mediation.” It involves an informal approach where the conflicting parties seek the assistance of a neutral individual to reach a resolution. This approach offers numerous benefits compared to the formal legal process and is relatively cost-effective. Unlike courtroom battles, alternative dispute resolution allows the parties to actively and efficiently participate, granting them significant control over the entire process.

The parties have complete control over everything, including the selection of a neutral person and the timeframe of the process. This grants them a favorable condition and atmosphere to resolve the case. Additionally, Alternative Dispute Resolution promotes cooperative behavior in resolving legal disputes, decreasing the chances of hostility between the parties and discontentment with the result of the process.

Author: Senior Advocate, Supreme Court Of Bangladesh