摘要:本文是一篇留学生法律判决作业,通过争端解决来达到正义,有效地实现正义是建立法治的基本条件之一。在过去,获得司法保护的权利基本上几乎完全意味着愤愤不平的个人正式提出诉讼或索赔辩护的权利,这是在严格的法律条款中规定的。
f fairness attributed to different types of dispute resolution modes, also seems to be an important factor in determining procedures that disputants prefer. [10] Robert McClelland, commented, “Access to justice is a critical issue and ADR is a key mechanism to deliver justice”. He further asserted, “the legal system must be able to provide a framework that allows people to resolve their legal disputes in a simple, fair and cost-effective manner.” [11] In order to improve the system of out-of-court bodies responsible for handing consumer disputes, the European Commission adopted Recommendation 98/257, setting out principles that should be respected by ADR schemes. [12] Since the late 1980s, the US Congress has recognized that ADR provides a cost-efficient alternative to traditional methods for dispute resolution. [13] “Modern systems of alternative dispute resolution, commonly referred to as ADR, are designed to help parties solve disputes efficiently without resort to formal litigation and with a minimum of judicial interference”. [14] Simeon Baum stated in CPA Journal, 'the act recognizes that ADR, when properly accepted, practiced, and administered, can not only save time and money and reduce court burdens, but also provide a variety of benefits, including greater satisfaction of the parties, innovative methods of resolving disputes, and greater efficiency in achieving settlements”. [15]
More broadly, the diffusion of ADR has become a significant factor in installing confidence in the legal framework as a whole, supporting, and promoting the rule of law. Moreover, access to justice is not just access to a judicial system, but to an adequate dispute resolution process. A recent Directive of the European parliament and the Council highlights the importance of facilitating access to ADR methods/procedures, securing better access to justice via ADR, as well as through other methods, is now part of the established policy of the European Union. [16]
6.2 ADR as a modern mechanism for effective justice system in Bangladesh:
In a developing country like Bangladesh, achieving access to justice requires judicial efficiency. Judicial inefficiency is not only anathema to litigants but also militates against economic prosperity. An efficient judicial system provides speedy remedy and less expensive court services to the parties involved. If a legal system depends only on the formal structure and ignores “…counselling,
Mediation, negotiation and other forms of non judicial representation”, the door to justice may be locked for many. Formal system must work hand in hand with the informal sector in a comprehensive manner and to make it work a close look at both of them is necessary. [17]
6.3 Practices of ADR in Bangladesh:
Preamble to our Constitution reflects the aspirations of the people as being “justice-social, economic, and political”. Article 27 [18] of the Constitution of Bangladesh provides for ensuring equal access to justice. Administration of Justice involves protection of the innocent, punishment of the guilty and the satisfactory resolution of disputes.
Mr. Justice K.M. Hassan, formerly the Chief Justice of Bangladesh has said ‘ADR is not meant to be a replacement for adjudication but a complementary mechanism to reduce the work load or pressure on the courts’ [19] .
In Bangladesh, dispute resolution outside the courts is not new. Wha
本论文由英语论文网提供整理,提供论文代写,英语论文代写,代写论文,代写英语论文,代写留学生论文,代写英文论文,留学生论文代写相关核心关键词搜索。