Introduction
Mediation has emerged as an inevitable alternative dispute resolution mechanism for Bangladesh in the face of persistent crisis between India and Pakistan over the pahalgam matter. In this article we will attempt to consider how Bangladesh is acting as a key player in between the countries’ tensions and linking it with the future outlook.
Historical Context of Mediation in Bangladesh
If we are talking about mediation in Bangladesh, It is originated from the traditional village system of dispute settlement which was called– “Shalish”. These were formal mediations which were presided over by community elders. which employed mutual agreement and social solidarity as an instrument to discover the solution. This ancient tradition set the stage for institutionalizing mediation which eventually became as legal recognition in Bangladesh’s modern judicial framework from the early 2000s
Legislative Framework Regulating Mediation
Mediation in Bangladesh today is regulated by a number of legislative instruments. The most important move towards institutionalizing mediation was the amendment to the Code of Civil Procedure (CPC) by Section 89A in 2003, requiring mediation for civil cases. The Family Courts Ordinance of 1985 had previously incorporated mediation specifically into family-related disputes. Later on, the Artha Rin Adalat Ain, 2003 (Money Loan Court Act) enshrined mediation procedures for disputes involving monetary transactions, specifically loan recovery cases. All these pieces of legislation, together, facilitate and impose mediation as an efficient alternative to litigations.
Procedural Steps of Mediation in Bangladesh
The Bangladeshi mediation process commonly starts when the court refers a case to mediation or when the parties voluntarily decide to use mediation as an alternative to litigation. Following the referral, parties choose or are appointed a mediator who may be a judge, lawyer, professional mediator, or trusted community leader. Pre-mediation preparation follows appointment of the mediator, including exchange of position statements and documents.
The mediation hearings themselves are relaxed, formalized interactions moderated by the mediator, who brings both sides to agreeable solutions. Mediators assist in clearly defining issues, fostering communication, and enabling exploration of likely compromises. A friendly settlement is aimed for, culminating in a signed mediation agreement. Once arrived at, this agreement is written down and then ratified by the court, acquiring enforceability equivalent to a decree by the court.
If mediation is unable to produce a consensus, the case then resumes the normal course of litigation in court so that the parties continue to enjoy their rights to seek traditional legal recourse.
Benefits and Importance of Mediation in Bangladesh
Mediation has a number of benefits, which contribute substantially to the people and the judicial system at large in Bangladesh. First, mediation provides faster resolutions than standard litigation, significantly saving cost as well as emotional burden on the parties. Specifically in family disputes, mediation usually maintains relationships since it prevents adversarial combat of courtroom.
Besides that, mediation also significantly clears the pending cases backlog in courts, which allows the judiciary to work more efficiently by realigning resources towards more intricate conflicts. In addition, the procedures of mediation are flexible and informal, giving parties more autonomy over the outcome of their dispute. This flexibility has rendered mediation more popular, especially in the resolution of conflicts regarding families, communities, and businesses.
Practical Examples of Mediation in Bangladesh
Mediation’s effectiveness in Bangladesh can be seen in practical applications across various contexts. Family courts frequently utilize mediation successfully, resolving issues of divorce, child custody, maintenance, and dowry-related disputes amicably. These successes help maintain family cohesion and social stability.
In financial cases, the Artha Rin Adalat (Money Loan Court) frequently employs mediation to facilitate speedy loan recovery procedures. It has been found useful in rapidly settling cases concerning banks and their borrowers, conserving resources, minimizing litigation costs, and making speedy recovery of loans.
Difficulties in the Application of Mediation
Although mediation’s merits are obvious, it has several challenges of implementation in Bangladesh. Among the main challenges is limited public knowledge about mediation procedures and benefits, leading to continued preference for traditional litigation. Resistance based on culture is also notable, given the fact that the formal legal system runs deep in people’s methodology of dispute resolution.
Another challenge is inconsistency in mediators’ quality and training, affecting the effectiveness of mediation sessions. Inconsistent mediator performance could contribute to public erosion of trust in mediation, subsequently decreasing the acceptance of mediation generally as a safe alternative to judicial processes.
In addition, strict enforcement of complying with agreements that have been reached through mediation still poses an issue, since on some occasions the parties do not stick strictly to the agreed conditions, diluting mediation’s integrity and credibility as an alternative court solution.
Recommendations to Consolidate Mediation in Bangladesh
To surmount current challenges, a number of key steps can go a long way to fortify the process of mediation in Bangladesh. Above all, ongoing and comprehensive mediator training, supplemented by certification courses, can maintain high professional standards and quality assurance across mediation practice.
Public education campaigns play a pivotal role in informing citizens of the advantages and processes of mediation, and creating greater acceptance and dissipation of resistance against mediation. In addition, building more robust legal frameworks to ensure adherence to mediated agreements would greatly boost public confidence and reliability in mediation results.
Future Prospects and the Way Forward
The Bangladesh judiciary is increasingly aware of the potential of mediation as an integral component of the country’s justice system. Recent developments by the Supreme Court and Ministry of Law demonstrate a continued focus towards the development of mediation infrastructure. Current reforms are being directed towards mainstreaming mediation on both judicial and administrative fronts, emphasizing its role as a lead dispute resolution process.
If well-supported, mediation in Bangladesh has the potential to radically transform national practices of dispute resolution. It has the potential to provide mass and accessible justice, especially to marginalized communities, and significantly ease the workload of the traditional court system.
Conclusion Mediation marks a landmark shift in Bangladesh’s judicial landscape. Its capacity to provide time-saving, cost-efficient and peaceful resolutions puts it among the forefront of legal reforms in Bangladesh. With existing challenges addressed through strategic reforms and proactive promotion, mediation has the potential to significantly enhance the delivery of justice, social stability, and strengthen people’s confidence in legal proceedings throughout Bangladesh.