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Home > Country profiles > Bangladesh > Articles > Article detail

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ADR under Family Court Ordinance, 1985

Wednesday, 23rd January 2020

"Alternative Dispute Resolution (ADR) is a process of dispute settlement outside the formal judicial system through mutual compromise and agreement by the parties themselves with the third party facilitating the process. In true sense, ADR is the process of resolving dispute without the intervention of the court.

ADR was introduced in Bangladesh through the modes of informal justice such as panchayat and local Salish. ADR was introduced in Bangladesh under Family Court Ordinance (FCO), 1985. It is a separate special law for dealing family disputes in a uniform manner irrespective of religions. The FCO, 1985 under Section 5 incorporates some key issues of family disputes such as dissolution of marriage, restitution of conjugal rights, dower, maintenance, and finally guardianship and custody of children.

ADR mainly consists of negotiation, conciliation, mediation, arbitration and a series of hybrid procedures. Arbitration is adjudicatory and the result is binding, whereas conciliation is a consensual decision taken by the parties themselves and the neutral third party gives some advice so that the parties' relationship is sustained. Negotiation is a non-binding settlement by the parties themselves without the help of the third party. Mediation is a decision-making process in which the parties are assisted by a third party, the mediator, but the decision is taken by the parties themselves. The primary objective of ADR system is avoidance of complexity, expense and delay, and promotion of easy access to justice."

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Language: English
Contact: Delwar Hossain

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