13. The Role of the Village Court as an Alternative Dispute Resolution Tool in Rural Bangladesh: Promises and Practices
Synopsis
The establishment of a robust and impartial justice system hinges not solely on the enactment of laws, but rather largely depends on the effective execution of the current legislation (Bingham, 2008). In developing countries like Bangladesh, getting justice is not only expensive but also a petitioner needs to have a strong social network to bring the actual criminals under justice (Bhuiyan et al., 2019). The established Alternative Dispute Resolution (ADR) is gaining popularity in Bangladesh due to it being inexpensive, accessible to the public, and providing speedy resolution for local disputes through mediation, arbitration, negotiation, and neutral evaluation (Rahman, 2015). The biggest advantage of this mechanism lies in its provision of a legal and administrative framework that enables local citizens to address their issues within their own community (Khair, 2004). This serves to alleviate the administrative burden on the formal judicial system, promotes the rule of law, and ensures the prevalence of a legal spirit within society (Lauren et al., 2017). Though drawbacks like the absence of formal rules of evidence, limited opportunities for cross-examination, and the lack of legal protections for both the applicant and the accused individual that are typically available in a traditional court of law make the ADR system controversial (Perschbacher & Bassett, 2004). The organisation of a speedy trial and the establishment of justice in society continue to pose a dilemma for practitioners and academicians in Bangladesh.