Mediation in Bandarban, Bangladesh

The Olive Branch in Bandarban

The Olive Branch provides professional mediation services to clients in Bandarban and throughout Bangladesh. Our experienced mediators work remotely to help you resolve disputes efficiently and effectively, saving you time, money, and relationships.

Whether you're dealing with commercial conflicts, family matters, or workplace disputes in a region home to approximately 54 thousand, we offer a neutral, confidential space where all parties can speak freely and work toward mutually beneficial solutions. Our approach is grounded in real-world experience and a deep understanding of the challenges businesses and individuals face.

We understand that every dispute is unique. That's why we tailor our mediation process to your specific circumstances, ensuring that the resolution you reach is practical, lasting, and fair to everyone involved.

State Mediation Research

State Laws

Bandarban operates under the national Bangladeshi mediation framework including the Code of Civil Procedure 1908 with Section 89A mandating mediation in civil disputes. As a hill district in the Chittagong Hill Tracts, Bandarban has special considerations under the Chittagong Hill Tracts Peace Accord 1997. The Family Court Act 2023 does not apply to Bandarban district, with family matters handled through alternative mechanisms.

Licensing Requirements

Mediators are accredited through the national judiciary system. The Bangladesh Supreme Court maintains a national register of qualified mediators. Mediators must complete training programmemes approved by the Judicial Administration Training Institute and be registered with the District Court mediation panel. No specific district-level licensing exists beyond national requirements.

Local Court Systems

Bandarban has the District and Sessions Judge Court at the apex, followed by Additional District Judge Courts, Senior Assistant Judges, and Judicial Magistrates. Each level has mediation facilities. The court system operates under the Chittagong Hill Tracts regulations with special provisions for indigenous communities. Traditional dispute resolution mechanisms through headmen and karbaris coexist with formal courts.

Fee Structures

Mediator fees follow national court regulations with a structured fee schedule based on dispute value. Court-annexed mediation fees are typically lower than private mediation. The fee structure considers the economic context of the hill districts. For land disputes referred to the Land Dispute Resolution Commission, fees may be waived or subsidised for indigenous claimants.

Bar Association Rules

The Bangladesh Bar Council regulates the legal profession including mediator accreditation. The Bandarban District Bar Association works with the court to promote mediation awareness. Lawyers acting as mediators must comply with professional conduct rules. Special consideration is given to customary law practices of indigenous communities.

Regional Dispute Patterns

Land and territorial disputes involving indigenous communities, Family and matrimonial disputes under customary law, Commercial disputes in urban centres, Agricultural and forest resource conflicts, Disputes related to Chittagong Hill Tracts Peace Accord implementation

Sources

Bangladesh Judiciary - Bandarban (government)
Bangladesh Family Court Act 2022 and Pertinent Concerns (academic)
Indigenous youth resist land grabbing in Bangladesh - ILC (ngo)
Attacks, land grabs leave Bangladesh's Indigenous groups on edge - Al Jazeera (news)

Bangladesh

Legal Framework

Mediation in Bangladesh is primarily governed by Section 89A of the Code of Civil Procedure 1908, which defines mediation as a flexible, informal, non binding, confidential, non-adversarial, and consensual dispute resolution process. The section requires courts to mediate or refer disputes to mediation after filing of written statement when all parties are present. Mediation proceedings are confidential and communications made during mediation are privileged and not admissible in subsequent proceedings. The District Judge prepares a panel of mediators consisting of pleaders, retired judges, persons trained in dispute resolution, and other appropriate persons. Bangladesh lacks comprehensive standalone mediation legislation, unlike India which enacted the Mediation Act 2023. Other relevant laws include the Village Court Act 2006 for local-level disputes, the Family Court Act 2023 which permits courts to facilitate compromise or settlement, and the Labour Code 2006 which outlines procedures for settling industrial disputes through negotiation, conciliation, and arbitration. The Money Loan Court Act 2003 also contains ADR provisions but has restrictions that have been criticized.

Court System

Courts actively promote and facilitate mediation through Section 89A of the Code of Civil Procedure 1908, which makes mediation mandatory in certain civil suits. Courts can mediate disputes themselves or refer them to mediators from the panel prepared by the District Judge. When mediation fails, the court proceeds with the suit from the stage at which it stood before mediation. If court led mediation fails, the same judge cannot hear the suit - it must be heard by another court of competent jurisdiction. Courts issue certificates directing refund of court fees when disputes are settled through mediation. No appeal or revision lies against orders or decrees passed in pursuance of settlement between parties under mediation. The Family Court Act 2023 requires courts to attempt to facilitate compromise or settlement during pretrial hearing and after hearing testimonies. However, the Act does not include ADR provisions during appellate stage. The judiciary is overburdened with approximately 3.7 million pending cases across all courts including the Supreme Court.

Mediator Regulations

Mediator panels are prepared by the District Judge in consultation with the President of the District Bar Association. Panels consist of pleaders, retired judges, persons trained in dispute resolution, and other appropriate persons, except persons holding office of profit in the service of the Republic. A mediator cannot act if they had ever been engaged by either party as a pleader in any suit in any court. The Bangladesh International Arbitration Centre (BIAC) provides mediation services and maintains a list of mediators. BIAC has Mediation Rules 2019 and Mediators' Code of Conduct 2019. Civil-commercial mediation training is available through organisations like ADR ODR International. However, there is no comprehensive national accreditation system for mediators. Professional development is available through various training programmes. The lack of a standalone mediation law means there is no centralized body for mediator registration and oversight.

Cultural Approach

Bangladesh has a strong tradition of consensual dispute resolution through the traditional salish/panchayat system, which has a history of more than a thousand years. Salish (village mediation and arbitration) and fatwa (religious edict) are common features in rural Bangladesh, operating as parallel courts for marriage, properties, and small offences. The social system remains under the control of local elites. Out-of-court NGO-based mediation is an improved variation of traditional salish, moderated and facilitated by NGO staff. The Madaripur Legal Aid Association (MLAA), established in 1978, is a pioneer in NGO-based out-of-court mediation. Other active NGOs include Bangladesh Legal Aid and Services Trust (BLAST), Ain-o-Salish Kendra (ASK), and Nagorik Uddayog (NU). These organisations work within the familiar salish framework, training village elders and elites in law, women's rights, and access to mediation. Mediation allows women to access justice without violating social customs, as they can discuss personal family matters in confidential sessions they would otherwise not discuss.

Typical Costs

Mediation in Bangladesh is significantly less costly than court litigation. The cost of litigation is increased by lawyer fees, court appearances, and in many cases, bribes to court officials. Most parties (63 percent) have to bribe court officials to accelerate case disposal. Mediation minimizes the financial burden and ensures timely justice without excessive delays. Court-annexed mediation through Section 89A provides for refund of court fees when disputes are settled through mediation. NGO-based mediation services like those provided by MLAA, BLAST, ASK, and NU are often provided at low or no cost to the poor. Private mediation through BIAC charges fees based on their fee schedule. Village courts handle disputes below certain monetary thresholds at minimal cost. The cost savings compared to litigation are significant, making mediation accessible to poor and marginalized communities.