Court mediation in Bangladesh is a form of court-annexed mediation in which a civil or family court facilitates the settlement of a pending dispute by referring it to a neutral mediator. Governed by Section 89A of the Code of Civil Procedure 1908 (for civil suits) and the Family Courts Ordinance 1985 (for family disputes), court mediation in Bangladesh has become an important tool for reducing the backlog of cases in the country’s courts.
Legal Framework for Court Mediation in Bangladesh
Section 89A CPC
Section 89A CPC 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. If mediation fails, the suit proceeds to trial.
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. This mandatory reconciliation attempt is a form of court-annexed mediation.
The Artha Rin Adalat Ain 2003
The Artha Rin Adalat Ain 2003 provides for mediation in financial loan recovery cases, requiring the court to refer the matter to mediation before proceeding to trial.
Advantages of Court Mediation in Bangladesh
Court mediation in Bangladesh offers several significant advantages over full trial proceedings: speed (most mediations conclude within days, compared to years of litigation), cost-effectiveness (mediation is significantly cheaper than a full trial), confidentiality (mediation proceedings are private), preservation of relationships (mediation encourages cooperative problem-solving), and flexibility (the parties can craft creative settlement solutions that a court could not impose).
TRW Law Firm: Court Mediation Services in Bangladesh
TRW Law Firm provides expert legal advice and representation in court mediations across Bangladesh. Contact TRW at tahmidurrahman.com or visit tahmidur.com.
Frequently Asked Questions
How does court mediation differ from private mediation in Bangladesh?
Court mediation is initiated by the court and takes place within the court framework. Private mediation is initiated by the parties themselves, outside the court framework. Both types of mediation are governed by the same principles, but court mediation results in a compromise decree that is enforceable as a court order.
Can I choose my mediator in court mediation in Bangladesh?
Yes. The parties may agree on a mediator from the court’s panel or from a panel maintained by BIAC or BIArb. If they cannot agree, the court appoints the mediator.
Is court mediation confidential in Bangladesh?
Yes. Court 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.
