Republic of Bangladesh.; A n d In the matter of: Jewel Rana (Labu), son of late Abdur Rahman and others. Artha Rin Adalat Ain, 2003 expressly provides who will be.

There is no provision related Alternative Dispute Resolution directly in Civil Procedure Code by mediation. Download Edmark Reading Program Software Free on this page. But in previous we perceived that Section 89 and sub section 1 of Section 104 in CPC had been for dispute resolution.

After that in year 2000, ADR in civil procedure is the effect of success of Pilot project 2000 on mediation in Dhaka judge court and besides some other courts of Bangladesh. In Section 89a and 89b of the Code of Civil Procedure 1908, mediation and arbitration respectively has been incorporated through the Amendment, 2003. As to the provision of 89 after filling of plaint by the plaintiff and written statement by defendant, the court may take an initiative to settle the dispute by Mediation. If the contesting parties agree to settle the dispute through mediation, the court shall so mediate or refer to District Judge for settle the penal. The mediator will be selected from the District Judge itself, any retired judge, a lawyer nominated by the parties who is not involve with either parties, except person holding office of profit in the service of Republic.

When the court shall mediate, it shall determine the procedure of the mediation and conducted by court and the pleader, their respective client and the mediator will mutually determine the fees and the procedure. If the mediation process is filed, the court shall precede the suit for hearing from the stage at where the suit stood before refer to mediation. And if the mediation by the court and it fails, the same court shall not hear and the suit shall be heard by another court of competent jurisdiction. If the mediation is successfully over, the term of such compromise shall be reduced into writing in the form of agreement and taken signatures or thumbs impressions of the parties as executants and pleaders and mediator as witness.

Finally, the court will pass an order or decree to the reliant provision of Order 23 that code. Section 89 (b) has extended the opportunity to settle the dispute alternative way through arbitration. Under this section, any stage of the proceeding parties can make an application to solve the dispute through the arbitration and withdraw the suit to the court. The court shall allow the applicant and permit to withdraw the suit. This arbitration shall comply with the Shalish Ain, 2001. If any reason the arbitration dose not take place or fail to give award, the parties shall be entitle to re-institute the suit.

That application shall be deemed to be arbitration under Section 9 of the Shalish Ain, 2001. Above discussion shows that application of ADR in our civil court is epoch making decision. Though the ADR, the people of our country get privilege as far as possible. As well as the judges and appellate court get relief from the cases which are filed year to year. On that achievement Justice K.

Hasan give opinion that, “the greatest achievement of the mediation court is changing of mental attitudes of the judges, lawyer, litigants and general public who were skeptical about mediation. Initially, there were feelings of opposition and suspicion by some in the legal profession for this entirely different based discipline but it is changing.

Those who used to come the court with confrontation mode are accepting the idea of mediation and more are coming prepared to settle dispute through mediation. It is interesting to note that the same lawyer who fight tooth and nail to win a suit in trail also try hard to find out solution through mediation.”. Muslim Family Law Ordinance had been effected from 15 th July, 1961. Such Ordinance has been applied on every Muslim citizen of Bangladesh both who lives inside in or abroad of Bangladesh. No distinction between Sia or Sunni in front of the Muslim Family Law Ordinance. In the leading case named Nirmal Kanti Das v.

Sreemati Bavi Rani states that application of Muslim Family Law Ordinance,1961 has been overridden by section 3 of Family Court Ordinance in clear language providing that this Ordinance shall have effect not withstanding any thing contained in any other law. Sub-section (5) (a) (b) of section 6 of the Ordinance refers to the penalties to which a man exposes himself for contracting another marriage without the permission of the Arbitration Council. Amount of the dower money shall be recoverable under certificate procedure under the provision of the Public Demand Recovery Act on application made on behalf of his wife.

A complaint will have to be lodge on behalf his wife, and the offence is triable by the Magistrate of 1 st class with a right of an appeal to Sessions Judge with a further right for moving the high court in its revisional jurisdiction under Section 439 of Code of Criminal Procedure. Peaceful arbitration for settlement of dispute had been applied from the ancient period. Arbitration had been introduced in Greece, China, Arabia and Italy in 12 th century and 13 th century. Offline Fm Radio Recorder Apk Free Download. Arbitration took effective impact for settling the international dispute in the end of the 18 th century.

After, International Arbitration had successfully finished almost 100 cases. In those 100 cases, the United Kingdom and United States of America had participated near about 70 cases.

Hague Peace Conference created ordinary impact on International Arbitration in 1899 and 1907. In Hague Peace conference, it had been described about rules, procedure and structure of the arbitration and established Permanent Court of Arbitration.

Cordially the arbitration is to be proved as a part of international law. Eventually, arbitration was pronounced as state law. The arbitration process begins with an arbitration agreement which is a contract governing the terms and process of the arbitration itself. Appointment of arbitrator or arbitrator court, condition of arbitration and procedure, jurisdiction of the tribunal etc are decided on the basis of the agreement of the contesting parties. Any kinds of dispute can be solved by the arbitration except the criminal cases. Even the commercial dispute can be solved.

Agreement of the contesting parties shows on which law and principal on which the arbitrator settles the matter. The contesting parties may apply to the court to use the principal of Equity, justice and Good Conscience. The decision of the arbitrator is mandatory. On the above statement Greferry M. Beresford Hartwell states in ‘Arbitration as The Moral High Ground of The New Century’ that “.the parties to an arbitration have agreed to some alternative court, they have agree to some alternative court, they have agreed not to go to Court at all.

They have agreed to abide by the decision of a friend. That friend may be someone they both know and trust, he or she may be selected by some process they have devised and adopt, but still their direct or indirect choice. They may decide to approach the doyen of their profession or industry they may be happy enough with less exalted. If they have an obscure problem of law, they may ask a lawyer, of technology perhaps someone who knows the tricks of the trade. They may seek the decision of a priest or even a king.”.

As to the provision of the Arbitration Act, 2001 ‘Arbitration’ means any arbitration whether or not administrated by permanent institution and ‘Arbitration Agreement’ means an agreement by the parties to submit to arbitration council all or certain dispute which have arisen or which may arise between them in respect of a define legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. Such agreement shall be in writing and signed by the parties. It is contained in an exchange statement of claim and defense in which the existence of the agreement is alleged by one party and not denied by the other party. The Arbitration Tribunal has no power to settle all kinds dispute.

Some particular dispute might be solved by the Council. That kind of ability of the council is called arbitrability of dispute. Where any party to an arbitration agreement or any person claiming under him commence any legal proceeding against any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred to arbitration, any party to such legal proceeding may apply to the court before which the proceeding are pending to refer the matter to arbitration at any time before filing a written statement. If it is satisfied that an arbitration agreement exists, the court refer the parties to arbitration and stay the proceeding unless the find that the arbitration agreement is void. The parties are free to determine the number of arbitrator. The parties should be appointed the arbitrator within thirty days.

Failing to determine the arbitrators, the tribunal shall consist of three arbitrators. On that point such kinks of arbitrator can be appointed. If it is satisfied by the parties, where there is one man tribunal, District Judge or Justice of the Supreme Court who is nominated by Chief Justice may be appointed as arbitrator. In arbitration with three arbitrators, each party shall appoint one arbitrator and two appointed arbitrator shall appoint third arbitrator who shall be the chair man of the arbitration tribunal.

If a party fails to appoint their arbitrator within prescribe period or the appointed arbitrator fails to nominate the third arbitrator, District Judge in case of non-commercial dispute or Justice of Supreme Court designed by Chief Justice in case of commercial dispute are appointed as the third arbitrator. As to the provision of the above Section of the Family Court Ordinance, when the written statement is filed, the family court shall fix a date ordinarily of not more than thirty days for pre-trial hearing. The court shall examine the plaint, the written statement and documents which filed by the parties and shall hear the parties. At the pre-trial hearing, the court shall ascertain the point at issue between the parties and attempt to affect a compromise or reconciliation between the parties, if it is possible for the court. If no compromise is possible, the court shall frame the issue in the suit and fix a date for recording evidence.

In Section 13 of the said Ordinance it is mentioned that after the close of evidence of all parties, the family court shall make another effort to a compromise between the parties. If such compromise is not possible, the court shall pronounce judgment either or on some future day not exceeding seven days of which due notice shall be given to the parties of their agents or advocates and a decree shall follow the judgment The Family Court has been established in 15 th June of 1985 under The Family Court Ordinance. First time mediation was introduced in family court in Dhaka Judge Court in 2000. After that it extended in Chittagong from 12 th February of 2001, in Khulna from 1 st September, 2001, in Rajshahi from 7 th May, 2001. Afterward it expands all over the court of the country. As to the provision of the above Section of the Family Court Ordinance, when the written statement is filed, the family court shall fix a date ordinarily of not more than thirty days for pre-trial hearing.

The court shall examine the plaint, the written statement and documents which filed by the parties and shall hear the parties. At the pre-trial hearing, the court shall ascertain the point at issue between the parties and attempt to effect a compromise or reconciliation between the parties, if it is possible for the court. If no compromise is possible, the court shall frame the issue in the suit and fix a date for recording evidence. The Judge of the Artho Rin Adalat shall preside over such conference and hall determines the venue, procedure and function of the Settlement conference which shall take place in camera. The court shall explain the point of dispute before the parties, their lawyer and their representative and shall streamline his endeavors in arriving at a settlement but the court shall not exert any influence upon the parties to accept his own proposal.

The process of settling the dispute shall be completed within 60 days of passing order by the court settling the dispute through Settlement Conference until the time is extended not exceeding 30 days on the basis of written statement of the disputed parties or the court own initiatives sufficient cause being shown in the record. The term and conditions of the settlement shall be recorded in agreement and the parties in dispute shall sign as executor, lawyers and the representative present shall sign over the agreement as witness. Afterward the court shall pass an order or necessary decree under the provision of related rule of Order XXIII of the Code of Civil Procedure, 1908. Eventually, no appeal shall lie in the higher court against any order pronounced by the court through Settlement Conference under the provision of this Act. Where no order has been given for settling the dispute through Settlement Conference according to Section 21, the court may keep pending all subsequent proceeding subject to the provision of Section 24 after submission of written by the defendant and may refer the case to lawyers or may send the dispute to the parties for settlement.

The lawyers engaged for conducting the case may engage a lawyer who is not engaged by neither of the parties or may engage any retired judge or retired officer as arbitrator in the interest of settle the dispute on mutual consultation of the parties. The process of settling the dispute shall be completed within 60 days of passing order by the court settling the dispute through Settlement Conference until the time is extended not exceeding 30 days on the basis of written statement of the disputed parties or the court own initiatives sufficient cause being shown in the record. Where the receiver of the letter fails to arrange a meeting within the prescribe period or no settlement can be reached within one month from the date of first meeting held for settlement of the dispute through the process of reciprocal dialogue of the both parties, the Government shall appoint as many persons as it considers necessary by the notification of official Gazette for the purpose of settle the dispute.

Within 10 days of receipt of such request the conciliator shall start his conciliation and call a meeting of parties to the dispute for the purpose of bargaining about a settlement. The parties will open the issue of the dispute before the conciliator on the fixed date. If the settlement of dispute is arrived at in the course of conciliation, the conciliator shall send a report to the Government together with a memorandum of settlement signed by the parties.