Research

on
“Alternative Dispute Resolution (ADR) In Family
Court In Bangladesh”

SUBMITTED BY:

Md.Abdur Rahim
Lecturer
Faculty of Law
Daffodil International university

SUBMITTED BY

Most:Jakia sultana
LL.B. (Hon’s)
ID.NO- 111-26-246
Research Monograph
ON ADR IN FAMILY COURT
Course Code: LAW-412

Date of Submission: 28th December, 2014

 Letter of Transmittal

Dated: 28th December 2014

Md. Abdur Rahim
Lecturer, Dept. of Law,
Supervisor of this research.

Subject: Submission of an research.

Dear Sir,
This study has been performed as partial requirement of LL.B program. This report attempts
to describe my observations, learning and experience gained during the study conducted with
the help of journals, web sites, articles, report and survey. I tried my level best to work
sincerely to cover all the aspects regarding the matter, though I faced some limitation in
preparing the report, I really enjoyed it.

I shall be highly obliged if you kindly accept our report and hope that you would be kind
enough to accept any mistakes that might have taken place beyond our view and will.

Finally I shall be glad to answer any kind of query relating to this report, if necessary.

Thanking you best.

Sincerely Yours,
__________________
Most.Jakia Sultana
LL.B. (Hon’s)
ID. NO: 111-26-246
 DECLARATION

It is declared that this thesis is my original work and has not been previously
submitted to any other institution. 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.

__________________
Most.Jakia Sultana
LL.B. (Hon’s)
ID. NO: 111-26-246
 ACKNOWLEDGEMENTS

At first, I offer millions of heartfelt thanks to almighty Allah for his kindness on me in
accomplishing this thesis paper. I would like to express my deepest sense of gratitude to my
honorable teacher Md.Abdur Rahim of the faculty of Law, Daffodil international university,
who has given me her valuable time, important information and proper guideline to complete
this thesis report.

I have always used the libraries of daffodil international University and especially of Faculty
of Law, to complete my thesis. So, I express my heartfelt gratitude to the librarians.

At last, I wish to express my gratitude to my family members for their co-operation and help.

____________
Most.Jakia Sultana
LL.B. (Hon’s)
ID. NO: 111-26-246
 Terms of Abbreviation

ADR (Alternative Dispute Resolution

BDR (Better Dispute Resolution)
BVC (Bar Vocational Course)
CPC (The code of civil procedure)
EDR (Enhanced Dispute Resolution)
ISDLS (Study and Development of Legal Systems)
JADR (Judicially Assisted Dispute Resolution)
IDR (Innovative Dispute Resolution)
ODR (Online Dispute Resolution)
 Abstract
The issue, Alternative Dispute Resolution (ADR) is not a new phenomenon or modern origin
rather it is long rooted in the history. The three main monotheistic strains of Judaism,
Christianity, and Islam played significant roles to dissolve dispute among their followers. The
recent anthropological and sociological studies of traditional societies confirm that people of
old age used to practice ADR. By codification of this old concept it gained a formal shape.
Even in the subcontinent and more particularly in Bangladesh the ADR has been introduced
so as to facilitate parties to deal with the underlying issues in dispute in a more cost-effective
manner and with increased efficacy. But due to some deficiencies in the enabling provisions
advancement of ADR can’t reach its goal, so some amendments are must to override from the
civil courts great problems of backlog of cases, delay and expenses in litigation.
 Table of Contents

Chapter –ONE Page

1.1 Introduction 01
1.2 Historical background 01
1.3 Research objectives 05
1.4 Research question 06
1.5 Literature Review 07
1.6 Methodology 08

CHAPTER-TWO
ADR IN BANGLADESH

2.1 Introduction 09
2.2 Origin and development of ADR in BD 10-11
2.3 Object of the ADR in Family Court 12
2.4 Advantages and disadvantages of ADR 12
2.5 Deferent Recognized form of ADR 15
2.6 Conclusion 17

CHAPTER-THREE
Laws relating to Family Court
3.Introduction 18
3.2 Family court in BD an overview 18
3.3 Procedure followed by the family court 20
3.4 Function and jurisdiction of the Family court in BD 20
3.5 Present situation of the Family Courts 22
Conclusion 23
 CHAPTER-FOUR
ADR in family court

4.1 Introduction 24
4.2 Importance of ADR in family court 24
4.3 Objectives of ADR In family court 25
4.4 Divorce conciliation 25-27
4.5 The Family Courts Ordinance, 1985 28
4.6 The Muslim Family Laws Rules, 1961 28
4.7 The Muslim Family Laws Ordinance, 1961 30-32
4.8 Mediation under The Family Courts Ordinance-1985 33
Conclusion
CHAPTER-FIVE
Problems of the Judges of the Family Court

5.1 Introduction 36
5.2 Multiplicities of the suit 36-45
5.3 Interviews of the Judge 46
Conclusion 47

CHAPTER-SIX
6.1 Legal Analysis 48-50
6.2 Findings & Recommendation 50
6.3 Some problem of ADR in our country 51
6.4 Some Suggestion for Good court Management 51
6.5 Suggested Mediation in Bangladesh 51
6.6 Suggestion for ADR to make more effective 52
6.7 Some suggestion for good court management 53
Conclusion 54
Bibliography 55-59