It cannot be challenged by appeal and revision and no appeal or revision shall lie against any order or decree passed by the Court in pursuance of settlement between the parties under section (89A-12). If they fail to inform the court within the fixed time which the reference will stand canceled and the suit shall be proceeded with for hearing by the Court. But when the Court shall mediate, it shall determine the procedure to be followed and shall not charge any fee for mediation.Īfter due mediation, the parties shall inform the Court in writing as to whether they have agreed to try to settle the dispute or disputes in the suit by mediation and whom they have appointed as a mediator within ten days from the date of a reference under sub-section (1).
In the situation, if the pleaders and their respective clients and the mediator fail to determine the fees, the Court shall fix the fees, and the fees so fixed shall be binding upon the parties. It shall be for the pleaders, their respective clients, and the mediator to mutually agree on and determine the fees and the procedure to be followed for the purpose of settlement through mediation (section 89A-3). The concerned parties shall determine the fees of pleaders and mediators and the Court shall not dictate or determine the fees etc. The mediator shall be appointed within ten days (section 89A-4) from the date of a reference under sub-section (1) and if the parties fail to appoint the mediator during this time, the Court shall, within seven days, appoint a mediator from the panel as mentioned in sub-section (10) and the mediation under this section shall be concluded within 60 (sixty) days from the day on which the Court is so informed, or the dispute or disputes are referred to Legal Aid Officer, or a mediator is appointed by the Court], as the case may be, unless the Court of its own motion or upon a joint prayer of the parties, extends the time for a further period of not exceeding 30 (thirty) days. When the reference is made through the pleaders, the pleaders shall, by their mutual agreement in consultation with their respective clients, appoint another pleader, not engaged by the parties in the suit, or a retired judge, or a mediator from the panel as may be prepared by the District Judge under sub-section (10), or any other person whom they may seem to be suitable, to act as a mediator for settlement: Provided that, nothing in this subsection shall be deemed to prohibit the appointment of more than one person to act as mediator. The procedure stated in the law in section 89A(1) that, after filing of a written statement, by adjourning the hearing, mediate in order to settle the dispute or disputes in the suit, or refer the dispute or disputes in the suit to the concerned Legal Aid Officer appointed under the Legal Aid Act, 2000 or to the engaged pleaders of the parties, or to the party or parties, where no pleader or pleaders have been engaged, or to a mediator from the panel as may be prepared by the District Judge under sub-section (10), for undertaking efforts for settlement through mediation. The mediation has been defined in the amended as follows: (a) “mediation” under section 89A, shall mean flexible, informal, non-binding, confidential, non-adversarial, and consensual dispute resolution process in which the mediator shall facilitate compromise of disputes in the suit between the parties without directing or dictating the terms of such compromise, (b) “compromise” under this section shall include also compromise in part of the disputes in the suit. Again in 2006, a new amendment is brought to provide this power to the Appellate court by section 89C.
ARTHA RIN ADALAT AIN 2003 BANGLADESH PDF FILES CODE
To recover from this situation, Alternative Dispute Resolution (ADR) has been introduced in the code of civil procedure 2003 by inserting the section 89A and 89B, which empowered the trial court to settle the dispute by ADR including mediation. The Judicial system takes about 20to 30 years to dismiss a suit finally. The only exception to Section 89A(1), which provides that except in a suit under the Artha Rin Adalat Ain, 1990 (Bank loan recovery act). All civil proceedings in Bangladesh are regulated under the Code of Civil Procedure, 1908 unless otherwise excluded.
While criminal law is the body of law that deals with crime and the legal punishment of criminal offenses, civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.
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