3. What are the processes for challenging the mediation agreement?

Answer to the question no 3:

The processes for challenging the mediation agreement given below description:

1. A successful mediation results in a negotiated settlement between the parties.

That negotiation settlement process is challenge for both parties.

2. Mediation is a formal contract that the agreed-upon resolution of the legal

dispute. Sometimes the parties do not agree upon the settlements. That’s why it is
challenging mediation agreement.

3. All parties must agree to a resolution as the result is not guaranteed. That is the
main challenges of mediation agreement.

4. Another challenges is any party can be withholding or hide information, then the
mediation agreement is difficult or challenges for resolving.

5. Mediation agreements may not be appropriate if one of the parties required

public disclosure or public appearances.

Answer to the question no 1:

The most operative private ADR organization in Bangladesh is BIAC. BIAC full
form is Bangladesh international Arbitration Center. It is the 1st international
arbitration institution in Bangladesh and it is also nonprofit organization. It
commenced operations in April 2011 under a license from the Government.

BIAC have arbitration facilities, experienced panel of independent arbitrators, list

of mediators and excellence in serving its clients.

What are the advantage and disadvantage of mediation?

 Answer to the question no 2:

Mediation is now the most commonly used ADR method in the whole world, it
allows the parties to retain control, and disputes settlement and the resolution
process. Given below description the advantage and disadvantage of mediation:

Advantage of mediation:

-Mediation can be carried out relatively quickly compared to litigation. So, it is a

short time process rather than court practice or legal process.

- The appointed mediator will be independent; they will not advise or provide any
judgments.

- The mediator is guiding the discussions between the parties and resolving the
dispute.

- The process will to preserve the relationship between the parties.

- The process is save the time and money of the parties.

Disadvantage of mediation:

-The mediation is not compulsory for the parties.

-All parties must agree to a resolution as the result is not guaranteed

- Sometimes parties can be withholding or hide information. It is difficult for

resolving.

- During the mediation process any party can withdraw from proceeding at any
time.

- If the dispute cannot be resolved in mediation then the cost of mediation will
have been wasted.