Court-annexed mediation in Bangladesh under Section 89A of the Code of Civil Procedure 1908 is a structured process in which a civil court refers a pending suit to mediation with the consent of the parties. It is one of the most important mechanisms for reducing the backlog of civil cases in Bangladesh’s courts and has enabled thousands of disputes to be resolved quickly and cost-effectively.
History and Development of Court-Annexed Mediation in Bangladesh
Court-annexed mediation in Bangladesh was introduced by the Code of Civil Procedure (Amendment) Act 2003, which inserted Section 89A into the CPC. The provision was inspired by the success of court-annexed mediation in other common law jurisdictions, including India and the United Kingdom. Since its introduction, court-annexed mediation has been used to resolve thousands of civil disputes in Bangladesh, significantly reducing the backlog of cases in the country’s courts.
The Court-Annexed Mediation Process in Bangladesh
Consent of the Parties
Court-annexed mediation under Section 89A CPC requires the consent of both parties. The court cannot compel the parties to mediate. However, courts in Bangladesh actively encourage parties to consent to mediation, and there is increasing judicial pressure to use mediation before proceeding to trial.
Referral Order
Once both parties consent, 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.
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.
Outcome
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: Court-Annexed Mediation Services in Bangladesh
TRW Law Firm provides expert legal advice and representation in court-annexed mediations across Bangladesh. Contact TRW at tahmidurrahman.com or visit lawfirm.com.bd.
Frequently Asked Questions
What types of civil cases are suitable for court-annexed mediation in Bangladesh?
All types of civil cases are potentially suitable for court-annexed mediation, including property disputes, money suits, contract disputes, and partition suits. Courts in Bangladesh regularly refer all types of civil cases to mediation.
How long does court-annexed mediation take in Bangladesh?
Most court-annexed mediations in Bangladesh are completed within 60 days of the referral order, though the time limit can be extended by the court.
What happens if court-annexed mediation fails in Bangladesh?
If court-annexed mediation fails, the suit proceeds to trial in the normal way. Nothing said during mediation can be used as evidence in the trial.
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 tahmidur.com to speak with a specialist today.
