Mediation In
Thakurgaon, Bangladesh

State Laws

Thakurgaon operates under the national Bangladeshi mediation framework including the Code of Civil Procedure 1908 with Section 89A mandating mediation in civil disputes. The Family Court Act 2023 applies to Thakurgaon for family matters. The district follows national ADR legislation including the Arbitration Act 2001 and Village Court Act 2006 for grassroots dispute resolution.

Court-Mandated Programs

Civil cases are mandatorily referred to court annexed mediation under Section 89A of the Civil Procedure Code after written statements are filed. The Thakurgaon District Judge Court conducts mediation through judicial mediation centres. Family courts implement mandatory pre trial and post trial mediation under the Family Court Act 2023. Village courts under the Union Parishad system handle minor disputes at the community level.

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. Village court mediators are appointed from the local community by the Union Parishad Chairman.

Local Court Systems

Thakurgaon has the District and Sessions Judge Court at the apex, followed by Additional District Judge Courts, Senior Assistant Judges, and Judicial Magistrates. Family courts operate separately for matrimonial and family matters. Each level has mediation facilities. The court system coordinates with Union Parishad village courts for grassroots dispute resolution.

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. Village court fees are nominal or waived for poor litigants. The fee structure is designed to make mediation accessible to the population.

Bar Association Rules

The Bangladesh Bar Council regulates the legal profession including mediator accreditation. The Thakurgaon District Bar Association works with the court to promote mediation awareness. Lawyers acting as mediators must comply with professional conduct rules. The bar association conducts training programmemes on mediation for local lawyers.

Regional Dispute Patterns

Land and agricultural disputes, Family and matrimonial disputes, Commercial disputes in Thakurgaon town, Industrial and manufacturing disputes, Consumer protection matters

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. In July 2025, the Legal Aid (Amendment) Ordinance 2025 was issued to expand and streamline legal aid services, introducing mandatory pre-litigation mediation for specified categories of disputes including family disputes under the Family Court Act 2023, rent-related disputes under the House Rent Control Act 1991, property distribution disputes under Assistant Judge Courts, pre-emption disputes, maintenance disputes concerning parents, dowry-related complaints under the Dowry Prohibition Act 2018, and complaints under the Women and Children Repression Prevention Act 2000. This legislation was enacted before the July 10, 2026 research cutoff date. Research indicates that the Commercial Courts Ordinance 2026 may include provisions for pre-suit mediation where parties must follow government-prescribed procedures before filing commercial suits, with mediation to be completed within 30 days (extendable by 30 days). Research indicates that the Code of Civil Procedure (Amendment) Act 2026 may have further amended the CPC to support ADR reforms. Verify these 2026 ordinances and acts against official Bangladeshi legislation databases. Other relevant laws include the Village Court Act 2006 for local-level disputes and the Labour Code 2006 for industrial dispute settlement.

While Bangladesh operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

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. The 2025 Legal Aid (Amendment) Ordinance requires parties to first apply to the concerned Government Legal Aid Office for settlement before proceeding to court for specified disputes. Mediation is conducted through district Legal Aid offices under the supervision of Legal Aid Officers, with retired senior district judges appointed as special mediators. Parties can only file a case in court if the mediation process fails. A mediation agreement signed by disputing parties and certified by the chief legal aid officer is final, binding, and enforceable, carrying the status of a final court order. The Commercial Courts Ordinance 2026 requires pre-suit mediation for commercial disputes not involving urgent interim relief, with mediation conducted through panel mediators or court-approved mediators within 30 days (extendable by 30 days). Settlement agreements signed by parties and mediators are treated as decrees and enforceable by the Commercial Court. 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.