A Critical Analysis on the Evolution of Alternative Dispute Resolution and its Effectiveness towards Access to Justice in Bangladesh

Table of Content

       Abstract:

Chapter-1

Introductory

                                                                                                    Page No

     1.1  Introduction…………………………………………………………….1-2      

1.2 Object and purpose of Research………………......................................2                  

1.3 Methodology of Research……………………………………………...3

Chapter-2:

Analysis of ADR

2.1 Meaning and Definition of ADR……………………………………....4-5

2.2 Access to justice………………………………………………………...5-6 

2.3 Characteristics of ADR………………………………………………….6-7       

2.4 Features of ADR………………………………………………………..7-8              

2.5 Historical Background of ADR……………………………………….08-10

Chapter-3:

Advantages and Disadvantages of ADR

3.1 Advantages of ADR…………………………………………………...11

3.2 Disadvantages of ADR……………………………………………….12-13

Chapter-4:

ARD and Litigation

4.1 Relation between ADR and Litigation……………………………….14-16

4.2 Different between ADR and Litigation………………………………16-19

Chapter-5:

Modes and Necessity of ADR

5.1  Modes of ADR…………………………………………………….....20-23

5.2  Necessity of ADR…………………………………………………….24

Chapter-6:

ADR in legal framework of Bangladesh

       6.  Different types of ADR in legal framework of Bangladesh…………25-34

Chapter-7:

Efficiency and Effectiveness of ADR

      7.1 Efficiency and Effectiveness of ADR towards access to justice……35-36

       7.2 Barriers in the way of Access to justice…………………………….37-39

       7.3 Possible way outs to overcome these problems…………………….39-40

       7.4 Success of ADR in Bangladesh……………………………………..40-41

Chapter-8:

Critical Analysis and Findings

      8.1 Critical Analysis……………………………………………………..42-43

       8.2 Findings………………………………………………………………43-44

Chapter-9:

Recommendation and Conclusion

      9.1 Recommendations…………………………………………………....45-46

      9.2 Concluding Remarks…………………………………………………46-48

            Bibliography

Abstract

In court contemporary life we have to face many kinds of problem and dispute. for the purpose of adjudicating  such dispute , effective access to justice is one of the fundamental condition for establishment of the role of law in a society. Access to justice means access to litigation or access to court of law, i.e., access or scope of opportunity for bringing a matter of dispute to the court and tribunal. Here lies the emergence of ADR. This is because if the dispute resolution process takes unnecessarily long time and there are too much procedural complexities themselves create anther forum of injustice for litigants. Increasing time delay, unmanageable huge backlogs of cases, and uncertainty associated with sufficient number of judges and court rooms, corruption among judges and court officials, political influence by the party in power in administration of justice, and poverty of the general people have hampered the access to justice and diminished the quality of justice in recent time. Against the background of all these drawbacks and difficulties of formal adjudicating system, there has been a movement of Alternative Dispute Resolution (ADR) throughout the world and very modes of ADR as alternative to formal adjudication system are gaining increasing recognition and acceptance in almost every country of the world.

Key Word: Evaluation, Alternative Dispute Resolution, Law, Court, Case.