The Role of Alternative Dispute Mechanisms in Addressing Delay in Civil Litigation: Acritical Analysis in the Context of Bangladesh

Abstract

Delays in civil litigation remain a significant obstacle to justice delivery in Bangladesh, burdening courts and prolonging the resolution of disputes. Alternative Dispute Resolution (ADR) mechanisms, including mediation, arbitration, conciliation, and negotiation, present effective strategies to address these delays by offering flexible, cost-effective, and expeditious solutions outside traditional courtroom procedures. This research critically examines the role of ADR in mitigating litigation delays, highlighting its scope, processes, and practical applications within the Bangladeshi legal context. The study delves into the efficacy of ADR in reducing case backlogs and fostering collaborative dispute resolution while addressing key challenges such as lack of awareness, inadequate institutional frameworks, and cultural resistance to non-litigious approaches. Through a critical analysis of existing legislation, judicial practices, and comparative experiences from other jurisdictions, the research underscores the potential of ADR to enhance access to justice in Bangladesh. It emphasizes the need for comprehensive reforms, including increased mediator and arbitrator training, public education initiatives, and stronger enforcement of ADR outcomes to ensure sustainable progress.