1. By
Md. Zubair Kasem Khan
LL.B (Hon’s), MCL, PhD. (In Advancement)
International Islamic University Malaysia (IIUM).
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2. 
 Meaning of Alternative Dispute Resolution (ADR)
 Philosophies of ADR
 Goals and Objectives of ADR
 Success of ADR in Bangladesh
2
Outlines…

3. 
The term “Dispute” in Alternative Dispute Resolutions (ADR)
means-
“ a specific disagreement concerning a matter of fact, law or policy in
which a claim or assertion of one party is met with refusal, counter-
claim or denial by the other”.
Meaning of Alternative Dispute Resolution
(ADR)
The term “Resolutions” under the auspices of ADR denotes-
“the way of finding solution of a dispute by the agreement of both the
parties with some mutually agreed terms”
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4. Therefore, Alternative dispute resolution (ADR) refers to a
variety of processes that help parties to resolve disputes
without a trial.
In other words, ADR is a type of dispute resolution that seeks
to limit the costs of litigation by using alternative, often out-of-
court means, such as arbitration, conciliation and summary
possession proceedings.
Continuing
Typical ADR processes include mediation, arbitration, neutral
evaluation, and collaborative law. These processes are
generally confidential, less formal, and less stressful than
traditional court proceedings. 4

5. Encourage Settlement
Directly
Reconciliation Between
Disputants
Create Social Bindings
And Justice
Positive Outcomes Help Build
confidence In The Community
Settlement of Disputes
Continuing
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6.  Win-Win Approach As An Application Of Confucianism:
According to Confucius- “a better way to resolve a dispute is through
persuasion and compromise, rather than by coercion through a sovereign
authority.” This philosophy is reflected in ADR, where parties try to
resolve their disputes in a consensual manner.
Philosophies of ADR
In Adversarial trial system, lawyers ‘thinks’ in terms of ‘Rights’ and
not in terms of ‘Interests’, and thus becomes not to find the best
solution for their clients, but to win the case.
Thus, the system of ADR avoids this kind of hostile process, has
greater potential to attend a win-win solution which ensure better
satisfactions of the interests of both the parties. 6

7. 
 Integrative Approach:
Dispute may arise between people when have different opinions and
ADR tries to attain a consensual solution between the parties based
on their common interest. And thus, ADR process integrates parties
and provides them with an option to continue their relationship on
the basis of a sharing interest in the future.
Continuing
At the same time, ADR system helps to demolish alienated attitudes
between parties and check them to become antagonistic to each
other.
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8. 
 Compliance With Social Norms:
Since ADR processes do not strictly rely on legal principles and
emphasize parties’ interests more than their legal rights, therefore,
the outcomes of the disputes through ADR system are much more
flexible.
Continuing
This flexibility allows third party facilitators to adopt or consider
social norms in ADR to attain a more acceptable solution and
avoid rigidness unlike which is present in an adversarial justice
system.
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9. ADR
Quicker Resolution of Disputes
Less Individual and Social Cost to
Resolve Disputes
Flexible Process and Outcome
Consensual Process to Enhance Social
Harmony
Higher Abidance leads to a Permanent
Resolution of Conflicts
Confidential Process
Goals and Objectives of ADR
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10. After the insertion of ADR mechanisms in the different existing laws, a great
achievement in the disposal of the suits has been acquired by ADR which can be
perceived from the following pictures.
 Since the activation of ADR in the family courts the average rate of substantive
disposal by compromise through mediation has gone up to 60% compared to
contested decree.
 Under the pilot project in 13 districts total number of disposal of cases by way of
mediation from 2000 to 2004 is 2418 and during this time through these courts
total amount of realization is Tk.77770455.
 Under section 89A of C.P.C total 12402 cases were disposed through mediation
from July 2003 to June 2006.
 The Artha Rin Adalat Ain total 24945 cases were solved through ADR from May
2003 to February 2006 across the country.
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Success of ADR in Bangladesh