Evaluating Alternative Dispute Resolution practices in Bangladesh

ADR has been widely accepted as a timely and cost-saving dispute resolution process around the world. However, it functions differently in Bangladesh. After two decades of formal introduction, ADR has not achieved popularity among litigants as a dispute resolution method in Bangladesh. Consequently, the rate of case disposals through ADR is very low. This empirical study demonstrates that the ego-centric mentality of litigants, lack of information regarding the advantages of ADR and absence of incentives have made lawyers disinclined to engage; further, the time constraints of judges have made them reluctant and the possibility of unfair solutions due to the unequal position of the parties discourage to use ADR because there is a possibility of misinterpretation. This article investigates whether the existing format of ADR, transferred from the Western legal system, positively affects litigation costs and accelerates the administration of justice.