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Alternative Dispute Resolution (ADR): Ultimate Fate and Community Based Strive

Bijoy Basak

Abstract

In Bangladesh, recent years, there has been renewed emphasis on the Alternative Dispute Resolution schemes as a means to avoid the use of contested hearings in the formal litigation and to ensure the most fundamental right of access to justice for all in an easy way. This paper discusses the emergence of implication and practice of Alternative Dispute Resolution (ADR) for implementing civil justice, compounding cases in criminal justice system, to mitigate and reduce the rate and incident of domestic violence and to remove suit backlogs in the disputes resolution system of Bangladesh. But due to recent trends of corruption, political deadlocks and some other key obstacles the present legal system is supposed to enable in resolving a dispute in swift and has been depriving people of the way of implementing and maintaining access to justice for all. Following the considerable advantages of ADR almost every country of the world has introduced ADR system in its justice delivery system which has paved the way to the promotion of access to justice indiscriminately for all. This paper highlights on the role of ADR in implementing civil and criminal justice, showing the fairness, efficiency, and effectiveness of ADR, problems, and prospects, statutory provisions of Alternative Dispute Resolution in the trial system and provide some recommendations for the complete success of ADR. This paper also reveals the active participation of the community people in ADR in order to provide better performance in ADR as well.