Practice Area

Alternative Dispute Resolutions

Jural Aquity is one of the best Alternate dispute resolution law firms in Dhaka, Bangladesh and has some of the best arbitration lawyers. The company helps people with arbitration, setting up hearings, and enforcing awards. We have successfully defended clients in complicated arbitrations in a way that saved them money. We don’t charge anything to talk about possible cases, and our legal fees are reasonable in both local and foreign arbitrations.

Part of Jural Aquity is a best law firm in Bangladesh and specialize in commercial disputes resolution and arbitration. We focus on commercial disputes and arbitration. Besides this, we also set up and take part in private meditations for family and business issues. On January 1, 2000, Alternative Dispute Resolution (hereafter called “ADR ”) was officially launched in Bangladesh as a way to speed up the court process and avoid needless delays. That being said, it only applied to family law cases, and we at Al Amin Rahman and Associates would work to offer alternative conflict resolution services in Bangladesh too.

A change was made to the long-standing Civil Procedure Code Bangladesh in 2003 that made mediation and review possible. This change made it official that mediation and arbitration can be used in cases that aren’t related to family law. This was a great step forward for both the clients and the ADR lawyers in Bangladesh who are trying to make a difference.

The idea of ADR is fairly new to lawyers in Bangladesh, even though mediation has been around for a long time and may sound like something they are familiar with. Mediation and ADR are both ways to settle a dispute outside of court. However, there is a small difference between the two: in mediation, the parties work out their own solution, while arbitration is more likely to be an example of ADR.

Introduction to Alternative Dispute Resolution in Bangladesh

Nevertheless, Bangladesh’s civil procedural legislation comprises two types of ADR:

  • Section 89B of Civil Procedure Code 1908, Arbitration: (1) Should the parties to a lawsuit, at any point during the litigation, request that the suit be withdrawn with the understanding that the dispute or disputes in the suit be submitted to arbitration for resolution, the court will grant the request and allow the suit to be withdrawn; the dispute or disputes will then be resolved, to the extent that it may be applicable, in line with Salish Ain, 2001 (Act No. 1 of 2001).
  • Section 89A of the Civil Procedure Code 1908, Mediation – With the exception of suits under Artha Rin Adalat Ain, 1990 (Act of 4 of 1990), the court may, by adjourning the hearing, mediate in order to settle the dispute or disputes in the suit, or refer the dispute or disputes in the suit to the parties’ engaged pleaders, or to the party or parties, in the event that no pleaders have been engaged, or to a mediator from the panel whose preparation is required by the district judge under subsection (10), for undertaking efforts for settlement through mediation.

The following factors are what tie the reasons for using mediation as a successful way for the parties to settle disputes:

  • The parties continue to make the decisions instead of the impartial third party.
  • Thoroughly discuss the root of the conflict and come up with a solution that all parties can agree on.
  • The parties themselves may profit by settling the disagreements.

Alternate Dispute Resolution (ADR) law in Bangladesh

Bangladeshi ADR is regulated by several legislation. Conflict resolution through ADR is an alternative to litigation. Overview of Bangladesh’s ADR laws and practices:

The Arbitration Act, 2001:  This is a major Bangladeshi arbitration law. Based on the UNCITRAL Model Law on International Commercial Arbitration, it governs local and international arbitration. The Act governs arbitrator appointment, arbitration processes, and award enforcement.

The Mediation Rules, 2018: Bangladesh created the Mediation Rules to promote ADR through mediation. These regulations govern mediation proceedings, including mediator appointment and their role in helping parties reach a settlement.

Alternative Dispute Resolution Act 2018: This statute promotes and facilitates ADR methods including arbitration and mediation for civil and business disputes. It regulates and recognizes ADR processes and institutions.

Bangladesh International Arbitration Centre (BIAC): Bangladesh International Arbitration Centre (BIAC) promotes and manages arbitration and ADR in Bangladesh. Its own norms and principles help ADR processes, notably worldwide commercial conflicts.

Courts’ Support for ADR: The Bangladeshi judiciary encourages parties to use ADR before filing suit. Judges may refer disputes to mediation or arbitration for a faster, cheaper resolution.

ADR procedures are becoming more popular in Bangladesh since they resolve disagreements faster and less formally. Party can freely choose mediation, arbitration, or other ADR methods to resolve without going to court. When using ADR to resolve disputes in Bangladesh, you must know the laws and get legal guidance.

Why you choose the best Alternate dispute resolution law firms – Jural Aquity

Selecting the best (ADR) Alternate Dispute Resolution law firms is crucial when seeking efficient and effective resolution of conflicts outside the courtroom. Here’s why Jural Equity, an ADR law firm, is your ideal choice:

Expertise in ADR Methods: Jural Equity specializes in various ADR methods such as arbitration, mediation, and negotiation. Their team comprises experts who are well-versed in these techniques, ensuring you receive the most appropriate and skillful assistance.

Cost-Efficiency: ADR often proves more cost-effective than traditional litigation. Jural Equity’s commitment to efficient resolution means potential savings on legal fees and other associated expenses.

Time-Saving: Legal battles can be lengthy and time-consuming. Jural Equity’s ADR expertise expedites dispute resolution, allowing you to focus on your core activities without the prolonged stress of litigation.

Customized Solutions: Jural Equity tailors ADR approaches to your specific dispute, offering flexible solutions that meet your unique needs and concerns.

Confidentiality: ADR processes are often confidential, protecting sensitive information from public exposure. Jural Equity ensures your privacy and discretion throughout the resolution process.

Proven Track Record: Jural Equity has a stellar track record of successfully resolving disputes across various industries, demonstrating their reliability and effectiveness.

Legal Guidance: Beyond resolution, Jural Equity provides legal guidance to ensure that any agreements reached through ADR align with applicable laws and regulations.

In conclusion, selecting Jural Aquity as your ADR law firm means choosing a partner dedicated to achieving swift, cost-effective, and customized resolutions for your disputes. Their expertise and commitment to your best interests make them the best choice for alternative dispute resolution.

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