Is ADR a Help or Hindrance to Justice?

Abstract

The rule of law and judicial fairness are important factors for national stability and development. In Bangladesh, the courts are overwhelmed by a large number of pending cases. Bangladesh has a prominent place in this noble endeavour. The Access to Justice movement and the Alternative Dispute Settlement movement have shaped the role and function of courts in society. Both movements criticize the courts for failing to provide accurate, authentic and achievable justice for citizens. Laws, regulations, policies and legal frameworks for the effective implementation of the ADR mechanism should be formulated, developed, designed and firmly established to ensure and promote judicial fairness. They should keep good contact with the court and avoid disputes. Funds provided by governments and development partners should be used to implement and enforce adverse drug reactions at all levels. This paper aims to clarify the necessity of ADR and different types of dispute resolution mechanisms; The need to design a dispute resolution system is the most important prerequisite for unlocking the potential of the ADR as a tool for providing access to justice. It attempts to provide a comprehensive understanding of the ways of obtaining judicial justice in our legal system; Through the theoretical and practical investigation of the judicial practice of courts and courts under different legislation in Bangladesh, this paper reveals the fairness, efficiency and effectiveness of ADR in promoting judicial access. Finally, it discusses the alternative dispute resolution (ADR) reform brought about by Bangladesh’s access to justice as a welcome element.