Alternative dispute resolution (ADR)
What is ADR?
Alternative dispute resolution (ADR) refers to how people can resolve disputes without a trial. Standard ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.
ADR often saves money and speeds up settlement. In mediation, parties play an essential role in resolving their own disputes. This often results in creative solutions, longer-lasting outcomes, greater satisfaction, and improved relationships.
Types of ADR
The variety of ADR models found in various nations can be described as follows:
- Court-annexed or stand-alone ADR
- Binding or Non-binding ADR
- Formal and Informal Alternative Dispute Resolution
- Basic and Hybrid ADR
|Court Annexed / Judicial ADR
|Independent / Stand-alone ADR
The utilization of Alternative Dispute Resolution (ADR) is closely linked to a country's legal system and is often dependent on court proceedings. Once a court case is initiated, a judge or court representative will review the conflict and may recommend or mandate the involved parties to explore ADR methods like mediation, conciliation, negotiation, or mini-trials. In these ADR approaches, either the judge or a neutral third party takes on the role of facilitating an agreeable resolution between the parties.
If successful, the dispute is resolved, leading to the dismissal of the case, thereby saving both time and money for the parties involved. The court-administered ADR process can occur before, after, or during the official legal proceedings. There isn't a clear preference for one of these models over the others. However, a model that permits disputing parties to access ADR at any stage of an ongoing lawsuit seems to be the most advantageous approach.
On the other hand, independent ADR is unrelated to court proceedings. Freestanding ADR occurs when disputants independently engage in conciliation or approach a middleman or neutral third party to negotiate or mediate their dispute. Examples of independent ADR include
Different types of ADR in Bangladesh:
there are Three streams of ADR in Bangladesh:
- Extra-judicial or community-based ADR (informal),
- ADR in Quasi-formal systems, and
- ADR in the formal legal system.
Binding or Non-binding:
|Type of ADR
|A process in which a neutral third party (the mediator) helps the parties to a dispute communicate and negotiate a resolution. The mediator does not have the authority to make a decision on the dispute but rather helps the parties come to an agreement on their own.
|A process in which a neutral third party (the arbitrator) hears both sides of a dispute and makes a binding decision. Arbitration is similar to a trial but is typically quicker, less formal, and less expensive.
|Early neutral evaluation
|A process in which a neutral third party evaluates the strengths and weaknesses of each side’s case at an early stage in the litigation process. The evaluator provides an opinion on the likely outcome of the case if it were to go to trial, which can help the parties to decide whether to pursue a settlement or continue with the litigation.
|A process in which both sides to a dispute present their cases to a panel of decision-makers (usually senior executives or retired judges) in a condensed, informal trial. The panel then provides a non-binding recommendation for a resolution of the dispute.
Formal and Informal:
In Bangladesh, both formal and informal Alternative Dispute Resolution (ADR) methods are utilized. Within the formal system, courts can refer parties to mediation, arbitration, or negotiation. These approaches aim to expedite cases, reduce court backlogs, and offer cost-effective solutions. Informally, community-based reconciliation, traditional councils, and local leaders also play a role in resolving disputes. This dual ADR system allows Bangladeshis to choose approaches aligned with their needs and cultural norms, enhancing access to justice.
Basic and Hybrid ADR:
In Bangladesh, Alternative Dispute Resolution (ADR) comprises both basic and hybrid approaches. Basic ADR methods include negotiation, mediation, and arbitration, often used independently to settle disputes outside of court. Hybrid ADR combines these techniques with formal legal processes, such as court-annexed mediation or arbitration. This flexible system provides options ranging from informal resolution to combining ADR with the judicial system, promoting efficient, tailored, and accessible ways to resolve conflicts in the country.
How we can help you?
Welcome to Zeroplus-Legal, your trusted partner in navigating the intricacies of legal matters in Bangladesh. Our dedicated team is committed to providing tailored solutions, and one of our key strengths lies in Alternative Dispute Resolution (ADR).
When disputes arise, we understand the importance of finding efficient and effective resolutions that save you time, money, and unnecessary stress. Our ADR services offer you two essential pathways: Basic ADR and Hybrid ADR.
1. Basic ADR:
Our skilled attorneys are well-versed in negotiation, mediation, and arbitration techniques. We work closely with you to understand the nature of your conflict and recommend the most suitable ADR method. Negotiation allows parties to find common ground through discussions, mediation involves a neutral third party facilitating dialogue, and arbitration results in a binding decision made by an arbitrator. With our expertise, we guide you through these processes, ensuring that your rights and interests are protected at all times.
2. Hybrid ADR:
Zeroplus-Legal offers an innovative approach that blends ADR methods with formal legal proceedings. Through court-annexed mediation and arbitration, we seamlessly integrate ADR into the judicial process. This means you can benefit from the expertise of our lawyers while also taking advantage of the speed and flexibility of ADR. Our team will carefully analyze your case, recommend the best approach, and navigate the complexities to achieve a swift and satisfactory resolution.
At Zeroplus-Legal, we take pride in our ability to provide holistic legal solutions. Our deep understanding of Bangladesh's legal landscape and culture empowers us to offer you guidance that is both legally sound and culturally sensitive. Whether you are an individual, a business, or an organization, our ADR services are designed to meet your specific needs, ensuring that you can resolve disputes efficiently and move forward with confidence.
Contact us today to learn more about how Zeroplus-Legal can assist you in navigating Alternative Dispute Resolution in Bangladesh. Our dedicated team is here to provide you with the expertise and support you need to achieve the best possible outcomes for your legal matters.