"Expenses and Expenses" that is what comes to every
persons mind who is contemplating of embarking the Civil Justice
System. The fact is that bringing a claim or defending a civil
claim can be very expensive considering the court fee, lawyer's
fee, and the list goes on. However there might be a procedure
through which an escape from this ensuing expense and it is called
Alternative to Dispute Resolution (ADR).
ADR is basically what its name suggests that it is an
Alternative to Dispute Resolution.
Litigants will be given an option to make use of the ADR
procedure rather than starting a claim in the court is presented.
People are encouraged to embark ADR rather than continuing the
claim in the court as the benefits of using the ADR procedure is
immense. ADR saves time, the annoyance of going to court,
publication of confidential information in a public court, and in
more than not it saves huge amount of expense. There are different
types of ADR process that one can utilize, and they are
Arbitration, Mediation, Conciliation, Settlement Conference and
One thing that should be noted is that ADR does not always
succeed however over the years there have been a lot of claims all
over the world that did not reach the court rooms because ADR
succeeded and the parties settled outside court.
Though the concept of ADR in Bangladesh is relatively new as the
first concrete laws relating to ADR was enacted in 2001 and it was
called Arbitration Act 2001, however ADR has been used in different
countries for many years and it yielded a very high rate of
success. As in the United States of America in 2013 the success
rate of ADR was 75% which meant a total of $35, 0777,997 was saved
and more importantly a total of 2,692 months of Litigation was not
required saving the precious time of the court. So, the concept of
ADR is fast growing and some can argue is more efficient than the
traditional route of litigation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Singhania & Partners LLP, Solicitors and Advocates
The Division bench of the Delhi High Court augments more ambiguity to the already existing controversy with regard to the applicability of the amended provisions viz. Section 34 and Section 36 of the Arbitration and Conciliation (Amendment) Act, 2015.
This paper attempts to delineate various aspects of Section 138 of the Negotiable Instruments Act. Section 138 is the principal section dealing with dishonor of cheques.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).