1. Second lecture

2. Definition of ADR? whether replace the court system

3. ALTERNATIVE Non-Adversarial Lawyers control the content of a dispute Complementary to court

4. DISPUTE Differences in opinion regarding- – Value, interest or relationship – Conflict in legal rights

5. RESOLUTION Object is to end dispute Permanent disposal of a dispute No appeal

6. PHILOSHOPIES OF ADR

7. WIN-WIN APPROACH Not find the best solution Just win the case

8. INTEGRETIVE PROCESS Common interest Forbidden to talk with other parties

9. INTEREST BASED APPROACH Interest of parties

10. SOCIAL NORMS Flexibility in application of social norms

11. BENEFITS OF ADR Quicker resolution of disputes Less cost Informal flexible process Enhance social harmony Higher abidance decrease repetition of complaints Confidential process Social justice for women and poor Case management

12. History of ADR ADR IN PRE-BABGLADESH ERA ADR IN POST BANGLADESH ERA

13. ADR IN PRE-BABGLADESH ERA 1. ADR in the pre historic era Village self government system Panchayet Shalish King 2. ADR in the Muslim Period Kazi`s court Panchayet Shalish

14. ADR IN PRE-BABGLADESH ERA 3. ADR in the British India Permanent Settlement and Zamindari system Revival of panchayet through Choukidari Act- 1870 (first formal local body) The Bengal Village Self Government Act-1919 Arbitration Act 1940 ADR in undivided Pakistan State Acquisition and Tenancy Act 1950 Muslim Family Laws Ordinance-1961 Industrial Relations Ordinance-1969

15. ADR IN THE POST LIBERATION ERA 1. Village Shalish 2. Out of Court NGOs ADR – MLLA – BACHTE SHEKHA – ASK – BLAST – BNWLA

16. ADR IN THE POST LIBERATION ERA Strategy taken by NGO Mediation committee by local leaders Shadow of law Social Awareness 3. In court ADR Prior to 2000 Reformed After 2000

17. ADR IN THE POST LIBERATION ERA Reformed after 2000 ISDLS and BLSG worked together and taking the following steps- Training of judge-mediator Training of Lawyers and NGO representative Incentives to conduct mediation Legal enforceability by compromise Decree