Conciliation and Other Alternative Procedures of Dispute Settlements Related to Personal Matters in the Legal System of Bangladesh: A Critical Appraisal

Mohammad Golam Sarwar

Abstract

Settlement of disputes through reconciliation or other alternative procedures within legal framework is playing pivotal role to settle the issues of personal matters particularly by the Family Courts and other non-judicial processes. Analysis and scrutiny of the legal provisions dealing with alternative procedures and other tools of effecting resolution along with practical factors impeding the implementation spirit have been made the core heart of this article. The article tried to articulate the potentiality of alternative tools to come out from the lengthy and procedural complexities attached with the adversarial system of battlefield which urges with due emphasis to familiarize the alternative tools with a view to making the adversarial process of settling disputes real and pragmatic. In doing so, the study reveals some undeniable practical factors and provisional lacunas creating obstacles towards smooth functioning of extra-judicial proceedings which deserve to be revisited. Finally recommendations have been provided to revisit the provisions by taking strong infrastructural measures and to strengthen other instrumentalities with the aim of achieving mountainous success in relation to the application of reconciliation or other alternative tools.

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