Abstract

The legal system in Bangladesh is not functioning well. The courts are………..with
the pressure of extra cases. And many other difficulties like: complexity of law,
high cost, time consuming, cumbersome process, corruption, and poverty
of mass people, illiteracy etc. which make the legal system paralyzed. This is
now another name of harassment for citizens. In these circumstances, the common
people prefer to resolve their disputes at the community or local level in an informal
manner. In legal circles this is properly known as Alternative Dispute Resolution
(ADR). ADR can resolve 95 percent of all civil cases fled in court without going to
trial. As the legal system in Bangladesh is now has numerous difficulties and as
ADR system is capable to resolve disputes easily in an informal system so
government is going to implement ADR system in Bangladesh. But it is true that
Bangladesh has an age-old tradition of using ADR mechanisms such as: Shalish,
Ponchaiet, etc to resolve disputes, and also has the option to use Arbitration,
Mediation, Negotiation etc ADR mechanisms in laws like: Village Court
Ordinance, 1976, The Conciliation of Dispute (Municipal Area) Ordinance,
1979, The Family Court Ordinance, 1985 etc. Bangladesh also has particular
law such as Arbitration Act, 1999 to resolve disputes outside the courts in an informal manner.
In this paper I have tried to analyze the Arbitration Act, 1999 as this law is based on ADR
concept and used to resolve disputes in alternative manner. So this study will help us to
understand how ADR mechanisms functions and whether the ADR mechanisms will help us to
resolve dispute, and to give the opportunity to provide the citizens a simple and problem free
judicial system. Another important objective is that this analysis will enhance our
understandings about this law and encourage us take initiatives to make such laws as this kind of
laws provide satisfactory, win-win solution to a dispute.