Asif Nazrul Advocates for Mandatory ADR to Alleviate Case Backlog

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Dhaka: Law, Justice and Parliamentary Affairs Adviser Dr Asif Nazrul emphasized the need to make alternative dispute resolution (ADR) methods mandatory to address the overwhelming backlog of cases in the country's legal system. The ministry is taking prompt steps to implement this initiative, he stated during a view-exchange meeting on the draft of the Legal Aid Act (Amendment) Ordinance 2025 at the National Legal Aid Services Organization (NLASO) conference room in the capital's Bailey Road.

According to Bangladesh Sangbad Sangstha, Asif Nazrul, who is also the chairman of the National Governing Board of the NLASO, pointed out that the abnormal pressure of cases in the courts challenges the judicial structure and the possibility of attaining justice. He highlighted the need to reduce the pressure of new cases through ADR methods, suggesting mandatory mediation and settlement before filing a case.

Dr Nazrul noted that out of approximately 500,000 cases filed annually in Bangladesh's courts, only 35,000 are resolved through government legal aid services. He observed that disputes resolved in legal aid offices achieve full party satisfaction in 90 percent of cases, requiring only a tenth of the time needed in court. He proposed that expanding and strengthening the government legal aid program could increase mediation-based case resolutions to 100,000-200,000 annually, potentially reducing case filings by 40 percent.

The adviser outlined three targets for the ministry's reform process: quick and low-cost case resolution, ensuring justice through digitalization, and freeing people from prolonged litigation. He mentioned significant changes in the Civil Procedure Code and the ongoing amendments to the Criminal Procedure Code, expected to become law within the next month.

Dr Nazrul also discussed plans for high-level training for judges, enhancing their accountability, and collaborating with lawyers to ensure justice. The ministry has collected asset declarations from individuals working in the judiciary or legal sector, intending to use this data for future improvements.

The draft "Legal Aid Act (Amendment) Ordinance, 2025," presented by NLASO, proposes mandatory pre-litigation mediation for negotiable and minor family, civil, criminal, and cheque-related cases. The amendment would require parties to attempt mediation through the District Legal Aid Office before filing a court case.

Additionally, the proposal calls for enhancing the capacity and manpower of District Legal Aid Offices, forming a special panel of mediators with retired district judges and experienced lawyers, and amending the Legal Aid Services Act, 2000, and the Legal Aid (Legal Advice and Alternative Dispute Resolution) Rules, 2015, to improve mediation services.

The meeting included officials from the ministry, NLASO, Dhaka District's Legal Aid Officer, and representatives from various bar associations and organizations like UNDP Bangladesh, GIZ Bangladesh, and others. Participants engaged in discussions on the proposed amendments and were asked to submit their recommendations in writing to the ministry within the next three working days.