Legislative Development Of Bangladesh For Alternative Dispute Resolution : Problems And Prospects Essay

Alternative Dispute Resolutions (ADR) is any method of resolving disputes other than by litigation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also

Alternative dispute resolution is a highly effective instrument in resolving conflict and attaining justice for individuals in relation to resource efficiency and timeliness through utilising mediation, conciliation and arbitration. Mediation is an exceptionally efficacious informal process of dispute resolution, usually confidential and conducted with the assistance of an

Alternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. [Most importantly, the use of ADR can provide greater satisfaction with the way disputes are resolved. ADR has been gradually evolving within the Fresno Superior Court for the past several years. In 1999 the Court recognized a need for greater public access to dispute resolution for cases and established an ADR Department. This

America is one of the world’s superpowers. Its citizens enjoy a fairly high standard of living, and it’s melting pot for people from every corner of the globe. On the other hand, Bangladesh is a poor, densely populated country with an ethnically homogenous population. I’m lucky to say that I’ve experienced the best of both worlds, having spent the first five years of my childhood in Bangladesh, and the remainder in America. I’ve experienced the traditional way of life in Bangladesh, the ceremonies, rituals, and familial bond. But I’ve also witnessed the sexism, prejudice and corruption plaguing the country. America seems to be the opposite, but I better understand its strengths and flaws due to my time in Bangladesh.

Areas that may create misunderstanding when dealing with individuals from another culture, that are included in this mini-documentary is Power because when Tania met with local policemen in Sylhet that stated “ maybe some girl catches a man’s eye and then behaves inappropriately. Later on, to save her reputation, she comes to us and files a case saying “ he raped me “ but the truth behind it is, they consented to sexual content. The girl is mostly the culprit, if she’s better at covering herself up, when I look at her I won’t be as attracted to her, and then it won’t happen”. In the culture of Bangladesh men have the power, what they say goes

Through the issue of labor in Bangladesh, we can easily extract a point of view, what is fairness and justice. In my opinion, according to Rawls 's theory of justice, the standard of true justice, it 's hard to apply to the real world. We cannot rule out the influence of the real factors. Therefore, it is more appropriate and useful to use Rawls ' justice as a guideline, although utterly extreme, ignoring the subject matter of man, but more meaningful. An effective solution to the issue of labor rights in Bangladesh, the current situation, in a way that is conducive to the majority of ordinary people in Bangladesh, by this foundation, combined with Rawls more fair justice as a specific guidance, which can give a Relative justice. Rawls in the justice theory points out that justice is the primary purpose of the social system. And a theory of justice called fair justice. By proposing the veil of ignorance, which is considered that people give real justice in the absence of any value proposition, therefore putting forward two principles of justice. The first is that everyone has the equal right to enjoy the broadest and equitable system of fundamental freedoms that is compatible with a similar system of liberty enjoyed by others. Social and economic inequalities should be arranged to bring them in the best interests of the most disadvantaged. The principle of saving in line with justice, and the openness and transparency of office to all under conditions of fair and equal

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

To by-pass this hectic and expensive route people found many alternative routes. Aggregating all methods under one title is called ‘Alternative Dispute Resolution’ (ADR). ADR procedures are Adversarial (i.e. with legal proceedings) and Non-adversarial (i.e. without legal proceedings ). They are made to reconcile the disputants' interests, instead of focusing only on the disputants' rights. Also they tend to be relatively

     Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants;

In Bangladesh, indigenous people (IP) are often referred to as Adibasi, small ethnic groups, ethnic communities, aboriginal people, hill people (paharis) and forest people (Akhter, Z. 2010). There are 45 identified ethnic communities existing century after century. Their identity and rights are frequently violated in every tier of the society but generally the state stays silent. In the past, the state also became the actor of human rights violator. Indigenous people don’t have access in the participation and inclusion in the development planning, governance system or any other state mechanism without few exceptions. Sometimes, apparendy it was seen that some initiatives have been taken in favor of them. But many questions have been raised whether these really helped to add value to their life or not (Biswas, S. 2008). Historically, IP plains communities have remained at a disadvantaged position due to their geographical, social and political positioning and therefore have been economically

The issue of women’s empowerment has been growing for decades as a burning issue in South Asian countries, and this paper focuses especially on Bangladesh. Many laws and regulations have been made to combat the ideas and practices of depriving women of their rights. As a signatory of different international instruments approbating women’s empowerment Bangladesh is committed to playing a lead role especially in the harmonious field of gender-sensitive employment for its citizens. The constitution of Bangladesh aptly highlights provisions for women empowerment in different articles. But the provisions regarding the rights of women in these instruments have failed to show proper success, mainly due to a deficient societal approach, including values of the society and the mind setup of its inhabitants, especially the males who dominate the country. The obnoxious habit of male members in the society tends to be to grab the property of women and to keep them in silence in a tricky way, in this manner treating women as property under the pretext of having to protect them, as directed by the main religions. Bangladesh is a country where around 88% of its citizens believe in Islam in their personal matters. If women 's rights are a problem to male members of the society, it is neither the Quran nor the Prophet, nor the Islamic traditions, but

A Proposal for making Bangladesh a better place because one touch of nature makes the whole world kin

The results of the fieldwork are actually eye beginning. It’s been able to suggest too many elements that had been not previously noted within the traditional literature. The effects have also shown that neither the claims of the Bangladeshi legitimate, nor the ones of the Indian officials are complete actually. There are aspects of the difficulty that actually cannot be defined by the newspaper reviews; rather there are realities which might be a way extra brilliant than possible from out of doors.

In Bangladesh, religion and official family laws are concerned about betterment of the status of women. But there is always a power game to deprive women from economic empowerment and they suffer systematic denial of land and property rights in many cases.

ADR is useful in resolving virtually all genres of disputes by providing speedier, enforceable decisions through Arbitration, Mediation, Early Neutral Evaluation and other hybrid mechanisms. The presence of cost-effective and predictable ADR mechanisms capable of resolving complex disputes help to bolster the confidence of litigants within the country and therefore stimulates trade and investment both internationally and locally.