Family mediation in Bangladesh is a structured process in which a neutral mediator assists family members in resolving disputes — including divorce, maintenance, dower, and child custody — without the need for adversarial court litigation. Governed by the Family Courts Ordinance 1985 and the Muslim Family Laws Ordinance 1961, family mediation in Bangladesh is an important tool for resolving sensitive family disputes in a less adversarial and more dignified manner.
Legal Framework for Family Mediation in Bangladesh
The Family Courts Ordinance 1985
The Family Courts Ordinance 1985 requires the Family Court to attempt to reconcile the parties in family suits before proceeding to trial. The court holds a pre-trial hearing at which the judge attempts to mediate between the parties. If reconciliation is not possible, the suit proceeds to trial. This mandatory mediation step has been effective in resolving many family disputes, particularly divorce and maintenance cases.
The Muslim Family Laws Ordinance 1961
The Muslim Family Laws Ordinance 1961 provides for an arbitration council — a body comprising representatives of both parties — to attempt to reconcile the parties in divorce cases. The arbitration council meets and attempts to bring about reconciliation between the parties before the divorce takes effect.
Section 89A CPC
Section 89A CPC also applies to family property disputes (as distinct from personal law matters), allowing civil courts to refer such disputes to mediation.
Types of Family Disputes Resolved Through Mediation in Bangladesh
Divorce
Divorce mediation in Bangladesh can help the parties reach a negotiated settlement on the terms of the divorce — including the payment of dower (mehr), maintenance, and the division of matrimonial property. Mediation can also help the parties reach agreement on child custody and visitation arrangements.
Maintenance
Disputes over the payment of maintenance — including disputes between spouses and between parents and children — are well-suited to mediation. A mediator can help the parties agree on a fair maintenance arrangement without the need for adversarial court proceedings.
Child Custody
Child custody disputes are among the most sensitive family disputes. Mediation can help the parents reach a custody and visitation arrangement that is in the best interests of the child, without the need for adversarial litigation that can be harmful to the child.
TRW Law Firm: Family Mediation Services in Bangladesh
TRW Law Firm provides expert legal advice and representation in family mediations across Bangladesh, including divorce mediation, maintenance disputes, and child custody matters. Contact TRW at tahmidurrahman.com or visit tahmidur.com.
Frequently Asked Questions
Is family mediation compulsory in Bangladesh?
Under the Family Courts Ordinance 1985, the court is required to attempt reconciliation before proceeding to trial. This is a mandatory step in family court proceedings. Private family mediation outside the court framework is voluntary.
Can family mediation be used for child custody disputes in Bangladesh?
Yes. Family mediation is particularly well-suited to child custody disputes, as it allows the parents to reach a custody arrangement that is in the best interests of the child without adversarial litigation.
Is family mediation confidential in Bangladesh?
Yes. Family mediation proceedings are confidential. Nothing said during mediation can be used as evidence in subsequent court proceedings.
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 meheruba.com to speak with a specialist today.
