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Thesis Paper

On
Role of Judges in Alternative Dispute
Resolution (ADR) in Bangladesh

Submitted to
Associate Professor Dr. Md. Aktaruzzaman
Department of law
Dhaka International University (DIU)

Submitted By
Md. Monerud Jaman Mone
Reg. No: 237726
Roll No: 06
Batch: 40th
Program: L.L.B (Hons) Day
Department of Law
Dhaka International University (DIU)

Date of Submission: 22nd September, 2017


Letter of Transmittal

Date: 22nd September, 2017

Associate Professor Dr. Md. Aktaruzzaman


Department of law
Dhaka International University (DIU)

Subject: Submission of Research Paper on Role of Judges in Alternative Dispute


Resolution (ADR) in Bangladesh

Dear Sir,

This is to inform you that I have completed my thesis on Role of Judges in Alternative
Dispute Resolution (ADR) in Bangladesh it has been a great learning experience for me. I
would like to thank you for assigning me such a responsibility and helping me on different
aspects of the thesis, which the knowledge will help in my future professional life.

However, I shall be grateful and obliged if you kindly accept my thesis and evaluate it.

Sincerely yours,

--------------------------
Md. Monerud Jaman Mone
Reg. No: 237726
Roll No: 06
Batch: 40th
Program: L.L.B (Hons) Day
Department of Law
Dhaka International University (DIU)
STUDENT DECLARATION

It is declared that this dissertation is my original work and it has not been previously
submitted to this university. The work I have presented does not breach any copyright. I
further undertake to indemnify the University against any loss or damage arising from breach
of the forgoing obligations.

--------------------------
Md. Monerud Jaman Mone
Reg. No: 237726
Roll No: 06
Batch: 40th
Program: L.L.B (Hons) Day
Department of Law
Dhaka International University (DIU)
SUPERVISORS CERTIFICATION

This is to certify that the thesis paper on Role of Judges in Alternative Dispute
Resolution (ADR) in Bangladesh placed to the evaluation board. It is done by Md.
Monerud Jaman Mone, Roll No: 06 in partial fulfillment of the requirement for the
degree of the Bachelor of Laws. The thesis has been carried out under my guidance
and is a record of the bona fide work carried out successfully.

I wish him every success in life.

Associate Professor Dr. Md. Aktaruzzaman


Department of law
Dhaka International University (DIU)
ACKNOWLEDGEMENTS

At first, I would like to thank Almighty Allah for his kindness on me in accomplishing the
report. I would like to express my deep sense of gratitude to my honorable supervisor
Associate Professor Dr. Md. Aktaruzzaman, Department of law, Dhaka International
University (DIU), for his individual suggestions, valuable time, important information and
guidance during the study period that has greatly inspired me in preparing this report
successfully.

It could not possible to think all those people who have contributed for the preparation of this
report. Of course there are some very special names that cannot be forgotten. I am also
grateful to the Department of Law, Dhaka International University for providing me such an
opportunity to come closer to real situation.

Finally, I want to express my deep gratitude to my family members and all well wishers
whose enormous helps assisted me to complete this report.

--------------------------
Md. Monerud Jaman Mone
Reg. No: 237726
Roll No: 06
Batch: 40th
Program: L.L.B (Hons) Day
Department of Law
Dhaka International University (DIU)
ABSTRACT

This dissertation is focused on the concept of the Alternative Dispute Resolution (ADR) in
Bangladesh. I have tried to show different stages of Alternative Dispute Resolution (ADR) in
Bangladesh with relevant cases. Alternative Dispute Resolution (ADR) is brought when the
court acts affirmatively either suo moto or at the proper of an aggrieved party with the object
of promoting public interest which demands non-violation of constitutional or legal rights of
large number of people who are poor and ignorant in law. Their interests should be jealously
guarded in the event of infringement of rights by a government agency or a local body either
by an act or by failure to perform a public duty affecting such rights. Alternative Dispute
Resolution (ADR) includes public interest litigation as well. The object of the study is to focus
on Alternative Dispute Resolution in Bangladesh and to provide vast information about this for
the purpose of increasing consciousness about this. This dissertation will be helpful for us to
get rid of any wrong perceptions may we have about the development of Alternative Dispute
Resolution in Bangladesh.
TABLE OF CONTENTS
Name of Topic Page No:
Chapter 1 01-04
INTRODUCTION
1.1 Introduction
1.2 Objectives of the Research
1.3 Research Methodology

Chapter 2 05-18
ROLE OF JUDGES IN BANGLADESH
2.1. Establishment of Supreme Court
2.1.1. Appointment of Judges
2.1.2. Temporary Appointment of Chief Justice
2.1.3. Additional Supreme Court Judges
2.2. Establishment of Subordinate Courts
2.2.1. Appointments to subordinate courts
2.2.2. Subordinate Civil Courts
2.2.3. Subordinate Criminal Courts
2.2.4. Court of Session
2.2.5. Judicial Magistrates
2.2.6. Executive Magistrates
2.2.7. Special Magistrates
2.2.8. Administrative Tribunals
2.3 Philosophy behind the Formation of Judiciary
2.4 Definition of Independence of Judiciary
2.5 Conditions of Independence of Judiciary
2.6 Implementation of the Judgment of Masder Hossain Case
2.7 Reason for Delaying in the Implement of the Judgment

Chapter 3 19-27
BASIS AND MODES OF ALTERNATIVE DISPUTE RESOLUTION
3.1 Basis of Alternative Dispute Resolution (ADR) in Bangladesh
3.2 Modes of Alternative Dispute Resolution
Chapter 4 28-35
INCORPORATION OF ADR IN STATUTORY LAW
4.1 The code of civil procedure (amendment Act2003)
4.1.1 Procedure of Mediation and Fees of Mediators
4.1.2 Time Prescribed for Completion of Mediation
4.1.3 Intimation of the Result of Mediation to the Court and Actions to be taken
thereafter
4.1.4 Action to be taken where Mediation Fails
4.1.5 Admissibly of Evidence Adduced in the Mediation proceedings
4.1.6 Panel of Mediators
4.1.7 Refund of Court Fees
4.1.8Appeal and Revision against the Order and Decree by the Court
4.2 The Arbitration Act, 2001
4.2.1 Form of arbitration
4.2.2 Number of arbitrator
4.2.3 Appointment of arbitrators
4.2.4 Powers to make interim orders
4.3 The Artha Rin Adalat Ain 2003 (The Money loan Court Act 2003) in ADR
4.4 ADR in the Family Courts Ordinance, 1985

Chapter 5 36-41
PRACTICES AND OBSTACLES OF ADR IN BANGLADESH
5.1 Practices of ADR in Bangladesh
5.1.1 Effectiveness of ADR in civil system in Bangladesh
5.1.2 Lacking of ADR practice in civil system
5.1.3 Understanding about dispute and disputes are more prevalent in rural area
5.2 Problems of ADR in Bangladesh
5.3 Limitations of ADR

Chapter 6 42-45
RELEVANT PROVISIONS OF LAW GUIDING ADR
6.1 The Conciliation of Disputes (Municipals Area) Ordinance 2004
6.1.1 Board of dispute regulation
6.1.2 Cases decided by the court and Jurisdiction board
6.1.3 Structure of Board
6.1.4 Remedy passed by the board
6.1.5 Execution or decision of board
6.1.6 Appointment of lawyer prohibited
6.2 ADR Practitioners Guide
6.3.1 Ngo Blast
6.3 Case study
6.3.2 NGO MLAA
6.4 Goals and Possible Uses of ADR

Chapter- 7: 46
SUMMARY AND FINDINGS
7.1 Summary of findings

Chapter 8: CONCLUDING REMARKS 47-51


8.1 RECOMENDATONS
8.2 Conclusion
REFERENCES