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Necessity of Introducing ADR in Land Related Disputes Settlement
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The pivotal role of land in the different aspects of our lives cannot be neglected. Issues relating to land administration, access to land, resolution of land disputes, land use planning, restitution of historical injustices, the institutional framework and land information management system have always presented a challenge in land management in Bangladesh. However, resolution of land related disputes and management issues are critical for sustainable recovery and growth of any economy. On the other hand, land disputes are highest in number in our courts. This playground has overtime been characterised with foul play, corruption, inefficiency, delays, technicalities and complexity that mainly leave disputants as enemies at family and community level. Hence traditional dispute resolution systems are totally failed to resolve land disputes with efficiency and for this reason litigants are dissatisfied with the outcomes of conventional litigation resolution systems. On the contrary, Alternative Dispute Resolution (ADR) mechanisms are preferred due to their advantages which include, speedy resolution of disputes, flexibility, less technicalities, cost effectiveness, ability to involve experts, privacy, saving on courts time. The complexity calls for a change in the approach for resolving land disputes and ADRs are recommended as a first line approach. Hence, this research article is aimed to explore the necessity of introducing ADR in land related disputes settlement in Bangladesh. In addition, this paper will examine the suitability of ADR in land disputes and will recommend some effective mechanism to resolve this kind of disputes more effectively as well as efficiently.
Title: Necessity of Introducing ADR in Land Related Disputes Settlement
Description:
The pivotal role of land in the different aspects of our lives cannot be neglected.
Issues relating to land administration, access to land, resolution of land disputes, land use planning, restitution of historical injustices, the institutional framework and land information management system have always presented a challenge in land management in Bangladesh.
However, resolution of land related disputes and management issues are critical for sustainable recovery and growth of any economy.
On the other hand, land disputes are highest in number in our courts.
This playground has overtime been characterised with foul play, corruption, inefficiency, delays, technicalities and complexity that mainly leave disputants as enemies at family and community level.
Hence traditional dispute resolution systems are totally failed to resolve land disputes with efficiency and for this reason litigants are dissatisfied with the outcomes of conventional litigation resolution systems.
On the contrary, Alternative Dispute Resolution (ADR) mechanisms are preferred due to their advantages which include, speedy resolution of disputes, flexibility, less technicalities, cost effectiveness, ability to involve experts, privacy, saving on courts time.
The complexity calls for a change in the approach for resolving land disputes and ADRs are recommended as a first line approach.
Hence, this research article is aimed to explore the necessity of introducing ADR in land related disputes settlement in Bangladesh.
In addition, this paper will examine the suitability of ADR in land disputes and will recommend some effective mechanism to resolve this kind of disputes more effectively as well as efficiently.
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