Effectiveness of Arbitration as an Alternative Dispute Resolution in Bangladesh

The structured legal system of Bangladesh is costly and takes a long time to complete. As a result, poor citizens in rural areas can seldom seek justice through the formal judicial process. The costs of hiring a lawyer, the time and money expended in court, and the amount of talent, schooling, and experience needed to litigate all act as roadblocks to justice. As a result, poor people prefer or have no choice but to use conventional justice systems such as Shalish. However, Shalish is a very informal type of local judicial practice that heavily influences rural society’s power structure. With time, people with special interests and musclemen dominate the informal justice system at the village level. Alternative dispute resolution (ADR) had arisen in the Indian subcontinent to improve the village justice system's condition. For the past 35 years, the state-led rural justice system, such as Shalish and village court, has played an essential role in resolving petty rural litigation, but at a sluggish and informal pace. In the evolving landscape of rustic political influence, this age-old court is having difficulty dispensing justice to the countryside citizens. The study looked at the existing rural informal justice systems in Bangladesh, especially the Union Parishad-led ADR, and argued that, if adequately enabled and revamped, this justice system could be a desirable alternative to the formal system of justice for people living in rural areas. The study aimed to recognize the obstacles that the Union Parishad faces in dispensing justice, both directly and indirectly (UP).

Access to justice: An evaluation of the informal justice systems

The judicial system of any state can be divided as formal and informal, where the formal is under the state (official) and informal may or may not be under the domain of the state (informal justice system). Since both systems provide access to justice, however, the informal system is viewed as a threat to formal justice system. In this context we need to better understand the role played by informal justices system. We have focused on three fundamental issues, first to evaluate the role of the alternate and informal justice system to improve access to justice. Second, we listed weaknesses in informal justice systems that gives us an insight into our third goal of suggesting a framework for engaging informal justice system and improved on its shortcomings which can be helpful in supporting or reducing the burden on the formal system. Because of the absence of relevant literature, we resorted to empirical reports and case studies on other developing countries’ to present our arguments. We showed that informal system is playing a positive role in the society and there is a need to reform the system especially for its negative traits, e.g., human rights.

Fair design and use of the budgetary process and managerial performance

ABSTRACT This study analyzes the impacts of the fair design and use of the budgetary process, from the perspectives of formal and informal justice, on fairness judgments, on budgetary participation, and on managerial performance. Complementarily, it also analyzes the mediating effect. Research on the impacts of budgetary participation on managerial performance presents conflicting and inconclusive evidence. The studies on organizational justice, in turn, mainly focus on individual perceptions of justice, from a descriptive and perceptual perspective, not considering the normative approach, and treating justice rules and fairness judgments as synonymous. That segregation is relevant as it reinforces the importance of the fair design and use of the budgetary process, going beyond considering individual fairness judgments. The research revealed that the fair design and use of the budgetary process influence managerial performance; however, the individual perception of justice (fairness judgments) did not exert a direct influence. These findings are relevant because they highlight the impacts of justice in terms of the effects that a system generates, not only considering individual perceptions. A survey was conducted with a random sample of 110 managers chosen using the LinkedIn social network. For the data analysis, the structural equations modeling technique was applied. The study contributes to the literature that examines behavioral aspects of the relationship between budgetary participation and managerial performance, by seeking to understand in which conditions budgetary participation results in better performance. In this research, these relationships are analyzed in light of the foundations of justice, from the perspective of justice rules and fairness judgments. The evidence suggests that budgetary participation affects managerial performance when it results from the fair design and use of the budgetary process.

Mediation

This article examines the place of mediation both internally and externally to the civil justice system. The growth of alternative dispute resolution (ADR) and the culture of settlement within formal justice has somewhat absorbed mediation as a process by which to resolve disputes at the door of the court. Yet, it can be argued that its origins lie within the community setting where social norms have a distinct role to play and where collective as well as individual interests have a significant impact. This paper considers the application of mediation in a much wider sense than simply as a tool for settlement. It explores the concept of mediation as an educative process that supports the generation and advocation of social norms. Mediation can be understood as a form of self-regulation which relies on perceptions of fairness, justice and trust. In so doing, it can be argued that it provides a means of informal justice amounting to dispute prevention as far as its relationship to the justice system is concerned. Viewed in this way, mediation provides a genuine first choice as a means to address and resolve conflict rather than an alternative method by which to settle disputes. Keywords: mediation; dispute resolution; dispute prevention; community norms; formal justice; informal justice; process pluralism; alternative; first choice.

Ancient Dispute Resolution through Informal Processes: ADR

The research article discusses the historical study for settlement of disputes under the umbrella of legal systems (formal and informal) prevailing in different civilizations and in various times. This research is briefly discussing the historical aspects of various legal systems in ancient times. This research highlights that human civilizations promoted both methods, but the most popular method was informal dispute resolution (ADR) in all over the world which still is needed and being popular day by day. From study, it has been founded that informal dispute resolution (ADR) has been the choice of people and they preferred to opt this process rather to go for litigation. The research has shown the benefits and importance of settlement of disputes through informal justice system. The study high lights that the system has been working very successfully in ancient times, therefore, this pre-tested process i.e., informal dispute resolution is more sustainable in any form than the formal system because it reflects amicable practices.

ANALISIS BANTUAN HUKUM MELALUI ARBITRASE SYARIAH DALAM MENYELESAIKAN SENGKETA PERBANKAN SYARIAH

Legal aid had the meaning of access to justice, which was the ability of people to seek and obtain restoration of their rights only through formal and informal justice court. The provision of legal aid providers in Law Number 16 of 2011 was a guarantee of the constitutional rights for the person or group of people which were categorized as poor people. Political law was something which underlies the basic policy of the promulgation of a regulation and the basic policy of the enactment of a certain regulation in the national legal system. The regulation and enforcement of sharia banking regulations in Indonesia from a political perspective of Islamic law was to be understood worthily, the existence of sharia banking regulations in Indonesia currently strengthened the theory of positivism of Islamic law and strengthened the paradigm of prophetic legal in the national legal system. According to the authors, the regulations contained in Law Number 16 of 2011 concerning legal aid, the most important thing was to provide legal assistance as a tool in law enforcement and justice. The legal assistance can be carried out in existence when the subject of legal aid, law enforcers and law institutions of sharia arbitration (Basyarnas) was functioning properly. Occasionally, the political view of Islamic law which had the main objective was the formation of justice products based on the Qur'an, Al-Hadith, Ijma and Qias in the concept and practice levels. Then the implementation of Law Number 16 of 2011 concerning legal assistance by Shari'ah arbitration in resolving Islamic banking disputes, with clear processes or mechanisms and agreements, arbitration agreement clauses before or after related to the agreement from the beginning was to provide convenience in resolving banking disputes or non banking disputes.

THE EFFECTS OF COLONIALISM ON INDIGENOUS CONFLICT RESOLUTION SYSTEMS AMONG POKOT AND TURKANA COMMUNITIES

Colonialism impacted local cultures far beyond their infrastructure, government and geography. In addition to eroding indigenous power structures, the structural violence inflicted during colonialism left native populations with lasting self-doubt and rejection of traditional practices. Among these rejected traditions were informal processes and mechanisms of resolving conflicts. Conflict resolution methods in different cultures often vary greatly in underlying values and perceptions. Western judicial systems reflect individualistic, high uncertainty-avoidant, low-context tendencies, while indigenous conflict resolution methods reflect collectivistic, minimal uncertainty-avoidant and high-context tendencies. Research into the current state of formal courts and informal justice forums in Pokot and Turkana Counties provides case study-based evidence arguing that the transition from restorative justice (Lapai) ffered by indigenous justice mechanisms to retributive justice catalyzed by colonialism has effectively weakened both the Turkana and Pokot systems of justice. Due to impacted value systems, neither the restorative, socialharmony focus of traditional processes, nor the retributive, compensatory justice focus of the formal judicial system make the available forums wholly appropriate or adequate resources. This has left the two communities torn between two distinct choices - the western and indigenous approaches to conflict management. The main objective of this research was to investigate the effects of colonialism on indigenous conflict management in Pokot and Turkana counties. These were both positive and negative effects. To achieve this objective the overarching question was;“how did colonialism affect the indigenous approaches to conflict management in Pokot and Turkana counties? The study was designed to apply qualitative research methods. Both structured and semi-structured interviews were conducted along the Turkana-Pokot borders. This paper proposes a hybrid model in conflict management, not only for the Pokot and Turkana pastoral communities, but also to other pastoral communities with similar set-ups.