Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. The main advantages of ADR are rapidity, confidentiality and flexibility. Exercising alternative dispute resolution methods can reduce the burden of cases pending in court. Many countries have benefited from using this informal or semi-formal method of dispute resolution. In Bangladesh, cases take years to settle through formal procedures. In many cases, when justice is served, justice has no need or relevance. Therefore, we need to focus more on alternative dispute resolution. However, in this case, the role of lawyer and judge is important. Alternative dispute resolution is not possible without the positive attitude of judges and the cooperation of lawyers. Everyday more new cases are being added to the docket of the court and number of cases is increasing. Therefore, it is difficult for our formal courts or judicial system to ensure timely justice and complete justice. Not only this, our courts do not have the required manpower structure, infrastructure and other facilities. As a result, ADR must be taken as an alternative. We got our existing judicial system as a legacy of two hundred years of colonial rule and two eras of Pakistani rule. We are still not free from that system. As a result, the judicial system, like other areas, is characterized by protracted processes and bureaucratic complications. Some civil cases take around fifteen to twenty years or more to settle. No one comes forward to settle these cases. Rather, in some cases, some lawyers and those associated with the existing system try to keep these cases alive. Justice aspirants spend lots of money hoping for justice, but still they do not get the desired justice. Day in and day out, justice is thwarted in the name of different unnecessary petitions before the court. ADR is usually less formal, less expensive, and less time-consuming than a trial.
ADR system was included in the civil justice system of Bangladesh more than a decade ago to resolve civil conflicts including land dispute outside of the court as a flexible, speedy, cost-effective, and peaceful means. Although more than a decade has elapsed, the ADR mechanism has not become truly functional to resolve land dispute of the country. The main reason is that ADR is not mandatory in our country and it is a matter of discretion of the court or the parties. In many cases it is alleged that lawyers do not help in resolving disputes. Although new laws are being enacted and existing laws have been changed to encourage alternative dispute resolution but litigants are being deprived of its benefits due to the non-cooperation of concerned lawyers.
Alternative dispute resolution will not only increase the rate of settlement of cases, but also facilitate access to justice. Therefore, for this purpose, law enforcement and lawyers, judges and everyone related to the judiciary should come forward with a positive attitude. To get the full benefit of ADR as a peaceful means of settlement of conflict, massive awareness should be created among the people of Bangladesh. In this regard, the government can arrange various programs. Besides these, print and electronic media as well as NGOs can play a vital role in promoting awareness. There should be a specific procedure to be followed in the case of formal mediation either by the court itself or by any other mediators.