Artha Rin Adalat Ain 2003 Bangla 01 - Download as PDF File (.pdf), Text File (.txt) or read online.

There is no provision related Alternative Dispute Resolution directly in Civil Procedure Code by mediation. But in previous we perceived that Section 89 and sub section 1 of Section 104 in CPC had been for dispute resolution. After that in year 2000, ADR in civil procedure is the effect of success of Pilot project 2000 on mediation in Dhaka judge court and besides some other courts of Bangladesh. In Section 89a and 89b of the Code of Civil Procedure 1908, mediation and arbitration respectively has been incorporated through the Amendment, 2003. As to the provision of 89 after filling of plaint by the plaintiff and written statement by defendant, the court may take an initiative to settle the dispute by Mediation.

If the contesting parties agree to settle the dispute through mediation, the court shall so mediate or refer to District Judge for settle the penal. The mediator will be selected from the District Judge itself, any retired judge, a lawyer nominated by the parties who is not involve with either parties, except person holding office of profit in the service of Republic. Surveying Programs Book Hp 33s Calculator more.

When the court shall mediate, it shall determine the procedure of the mediation and conducted by court and the pleader, their respective client and the mediator will mutually determine the fees and the procedure. If the mediation process is filed, the court shall precede the suit for hearing from the stage at where the suit stood before refer to mediation. Hp Hp Deskjet 656c Printer Driver Download. And if the mediation by the court and it fails, the same court shall not hear and the suit shall be heard by another court of competent jurisdiction. If the mediation is successfully over, the term of such compromise shall be reduced into writing in the form of agreement and taken signatures or thumbs impressions of the parties as executants and pleaders and mediator as witness. Finally, the court will pass an order or decree to the reliant provision of Order 23 that code. Section 89 (b) has extended the opportunity to settle the dispute alternative way through arbitration.