Civil case mediation in Bangladesh under Section 89A of the Code of Civil Procedure 1908 is one of the most important mechanisms for reducing the backlog of civil cases in Bangladesh’s courts. By allowing courts to refer pending civil suits to mediation with the consent of the parties, Section 89A has enabled thousands of civil disputes to be resolved quickly and cost-effectively, without the need for full trial proceedings.
Legal Basis for Civil Case Mediation in Bangladesh
Section 89A of the Code of Civil Procedure 1908 (inserted by the Code of Civil Procedure (Amendment) Act 2003) empowers civil courts to refer pending suits to mediation with the consent of the parties. If mediation results in a settlement, the court records it as a compromise decree under Order XXIII, Rule 3 of the CPC, which is enforceable as a court order. If mediation fails, the suit proceeds to trial in the normal way.
Types of Civil Cases Referred to Mediation in Bangladesh
Section 89A CPC applies to all civil suits, including property disputes, money suits, contract disputes, partition suits, and other civil matters. Courts in Bangladesh regularly refer all types of civil cases to mediation, particularly cases involving disputes between parties who have an ongoing relationship (such as business partners, neighbours, or family members).
The Civil Case Mediation Process Under Section 89A CPC
Referral Order
The court issues an order referring the suit to mediation and staying the proceedings pending the outcome. The order specifies the time limit for the mediation (usually 60 days, extendable by the court).
Appointment of the Mediator
The parties agree on a mediator from the court’s panel or from a panel maintained by BIAC or BIArb. The mediator must be impartial and independent.
Mediation Sessions
The mediator holds joint and separate sessions with the parties and their lawyers. The mediator facilitates negotiations and helps the parties explore options for settlement.
Settlement or Failure
If 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. If mediation fails, the suit proceeds to trial.
TRW Law Firm: Civil Case Mediation Services in Bangladesh
TRW Law Firm provides expert legal advice and representation in civil case mediations across Bangladesh. Contact TRW at tahmidurrahman.com or visit meheruba.com.
Frequently Asked Questions
Is civil case mediation compulsory in Bangladesh?
Civil case mediation under Section 89A CPC requires the consent of both parties. However, courts in Bangladesh actively encourage parties to consent to mediation, and there is increasing judicial pressure to use mediation before proceeding to trial.
What happens if one party refuses to participate in civil case mediation in Bangladesh?
If one party refuses to participate in mediation, the suit proceeds to trial in the normal way. However, the court may take the refusal into account when making costs orders.
Can a civil case mediation settlement be enforced in Bangladesh?
Yes. A settlement reached in civil case mediation is recorded as a compromise decree by the court, which is enforceable as a court order through the court’s execution process.
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.
