Alternative Dispute Resolution
Train more lawyers on mediation technique for greater success
Speakers tell roundtable
Staff Correspondent
Speakers at a roundtable yesterday called for training of more lawyers on the technique of mediation in order to achieve greater success of alternative dispute resolution (ADR). Lauding the success of ADR, Law Commission Chairman Justice Mustafa Kamal advocated such non-formal settlement of legal and judicial disputes as a means of disposing of cases quickly and inexpensively. "ADR is not a panacea for all evils but an alternative route to a more speedy and less expensive mode of settlement of disputes. It is a voluntary and cooperative way out of the impasse," he said as the chief guest. Bangladesh Legal Aid and Services Trust (BLAST) organised the roundtable on 'Review of the Family Courts Ordinance 1985' at the Cirdap auditorium in the city. Justice Mustafa Kamal said some family pilot courts disposed of 83 percent of cases, the highest rate, while some others disposed of 35 percent of cases, the lowest rate, in the first two years after they were set up in 2000. Justice Md Anwarul Haque said the family courts in Chittagong realised around Tk 5 crore and settled 4275 cases between 2000 and 2006, while such courts in Dhaka realised about Tk 6 crore in 1237 cases. Referring to the disposal of non-family litigations since July 2003, Justice Mustafa Kamal said 7974 such litigations were disposed of through mediation as of June 30, 2005. Giving accounts of realising a good amount of money through Loan Courts by mediation in Money Loan Recovery Cases, he said, "The realisation is 10 times higher than the realisation by execution cases over the last 10 years." He expressed his satisfaction over extension of mediation to appeal cases by further amendment to the Code of Civil Procedure, 1908, but regretted the state of training in the art and technique of mediation. "The area of operation has to be extended; more and more lawyers have to be brought into the training net; judges should be disengaged altogether from mediation work as early as possible and a training institute for mediators should be established," he said. The Law Commission Chairman thinks that no one should be appointed a mediator unless he/she has a certificate from the institute. "Retired judges who are respected by both the Bar and Bench should come forward to give leadership," he noted. A well-thought-out action plan is necessary to make ADR a success, he said, adding that it is not desirable that an avalanche of mediation should descend upon the courts all at a time, rather the courts should refer first relatively simple cases to the mediators. Speaking as the special guest, former chief justice KM Hasan said more and more litigants are now seeking justice after the introduction of ADR. "We trained many judges and lawyers, but many more are to be trained up," he said. Justice Anwarul Haque observed that mediation is the best practice in family affairs worldwide. "The rate of success in mediation is almost 100 percent," he said, emphasising more training for the judges and lawyers. BLAST Deputy Director Soma Islam in her presentation suggested establishment of Family Courts in the three hill districts, addition of a provision for amendment to plaint and initiatives by the Union Parishads to form arbitration councils. BLAST Executive Director Taslimur Rahman and its Board of Trustee Dr Shamsul Bari also spoke at the roundtable chaired by Justice Naimuddin Ahmed.
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