Property dispute mediation in Bangladesh is a structured, voluntary process in which a neutral mediator assists parties in resolving property conflicts — including title disputes, boundary disputes, partition suits, and possession disputes — without the need for adversarial court litigation. Governed by Section 89A of the Code of Civil Procedure 1908, property dispute mediation in Bangladesh has become an important tool for resolving the country’s large backlog of property cases.
Common Property Disputes Resolved Through Mediation in Bangladesh
Property dispute mediation in Bangladesh is used to resolve a wide range of property conflicts. Title disputes — where two or more parties claim ownership of the same land — are among the most common property disputes in Bangladesh and are well-suited to mediation. Boundary disputes — where neighbouring landowners disagree about the location of their common boundary — can often be resolved through mediation with the assistance of a surveyor. Partition suits — where co-owners of land disagree about how to divide their jointly owned property — are also well-suited to mediation. And possession disputes — where a landlord seeks to recover possession from a tenant, or where a party claims to have been wrongfully dispossessed — can often be resolved more quickly through mediation than through court proceedings.
The Property Dispute Mediation Process in Bangladesh
Referral to Mediation
A property dispute pending before a civil court may be referred to mediation under Section 89A CPC with the consent of both parties. The court issues an order referring the suit to mediation and staying the proceedings pending the outcome.
Appointment of the Mediator
The parties agree on a mediator from the court’s panel or from a panel maintained by BIAC or BIArb. For property disputes, it is advisable to choose a mediator with knowledge of property law and practice in Bangladesh.
Mediation Sessions
The mediator holds joint and separate sessions with the parties and their lawyers. For property disputes, the mediator may also arrange for a site visit or the review of title documents and survey records.
Settlement Agreement
If the mediation results in a settlement, the parties sign a settlement agreement, which is filed with the court as a compromise under Order XXIII, Rule 3 of the CPC. The court records the settlement as a compromise decree, which is enforceable as a court order.
TRW Law Firm: Property Dispute Mediation Services in Bangladesh
TRW Law Firm provides expert legal advice and representation in property dispute mediations across Bangladesh. Contact TRW at tahmidurrahman.com or visit lawfirm.com.bd.
Frequently Asked Questions
Is property dispute mediation faster than court litigation in Bangladesh?
Yes. Property dispute mediation typically concludes within days, compared to years of court litigation. This is a significant advantage for parties who want to resolve their dispute quickly and move on.
Can I use mediation for a property dispute involving a government authority in Bangladesh?
Mediation is generally more suitable for disputes between private parties. Disputes involving government authorities may require court proceedings or administrative remedies.
What documents do I need for property dispute mediation in Bangladesh?
For property dispute mediation, you should bring all relevant title documents (deeds, CS/RS/BS records), survey records, possession documents, and any correspondence with the other party. Your lawyer can advise on the specific documents needed for your dispute.
Related articles: Alternative Dispute Resolution in Bangladesh | Arbitration Lawyer in Bangladesh | Commercial Arbitration in Bangladesh
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Contact TRW Law Firm
If you need expert legal advice on this matter, contact TRW Law Firm — one of Bangladesh’s leading law firms specialising in ADR, arbitration, and commercial litigation. Visit tahmidurrahman.com or lawfirm.com.bd to speak with a specialist today.
