Justice Ahmed Sohail, a judge of the High Court Division of the Supreme Court, has said that mediation is a scientific method for resolving cases or disputes. In this way, cases can be settled quickly and in less time.
He commented that if the case is settled through mediation method, no party would lose. There is a win-win situation between the two parties. The mediation method should be widely used in resolving cases. An International Medication Academy can be established in Bangladesh in order to ease case backlog, he added.
He made the comments while speaking on the third day of a virtual training workshop for judges of Bhola district and panel mediators on Saturday (March 5). Bangladesh International Mediation Society (BIMS) organised the training workshop.
Accredited mediator Pankaj Kumar Kundu moderated the workshop on the third day, while BIMS Chairman Advocate SN Goswami and other national and international mediation experts spoke on the occasion.
A total of 19 judges and 20 panel mediators from Bhola district participated in the training workshop. Senior judge of the Appellate Division of the Supreme Court Mohammad Iman Ali is the head trainer of the programme.
Justice Ahmed Sohail said that about four million cases are now pending in the judiciary of Bangladesh. The case backlog is increasing day by day.
He said that the developed countries of the world including the western ones world have achieved success by applying mediation method in the judiciary. “There are 40,000 meditation centers in our neighboring country India. An International Mediation Academy should be established in Bangladesh in the style of developed world. I believe that setting up mediation centres across the country under this academy will play a vital role in resolving cases. I believe meditation may be the best way to resolve dispute,” he added.
He called upon the government to set up an institution in the country for mediation.
Justice Ahmed Sohail also said that the campaign should be intensified through media and social media to make the mediation method popular among the common people.
It can be mentioned that arbitration as well as mediation is a system of resolving civil and commercial disputes through a third party. The arbitration process in the country is handled by the ‘Arbitration Act, 2001’. However, the existing law has some loopholes.
Emphasising on mediation method, the Law Commission has placed a report recommending amendment to the ‘Arbitration Act, 2001’ in order to shun the loopholes in the existing law.
Experts and people concerned said that if the ‘Arbitration Act’ was amended as per the recommendation of the Law Commission, it would avoid the procedural complexities of conventional judicial system through arbitration proceedings outside the courts of Bangladesh and strengthen the alternative dispute resolution system which would ultimately reduce the load of litigation in the courts.
Strengthening mediation method would win the confidence of domestic and foreign investors that will help boost inflow of Foreign Direct Investment (FDI) in Bangladesh through resolving commercial disputes rapidly.
