Report on the course on Alternative Dispute Resolution

Report on the course on Alternative Dispute Resolution conducted by the South Asian Institute of Advanced Legal & Human Rights (SAILS), Bangladesh

Submitted by ROHINI.V.MENON

(ADR Participant)

 
Based on my online application, I was selected by the South Asian Institute of Advanced Legal & Human Rights Studies (SAILS), Bangladesh to attend a course on Alternative Dispute Resolution starting from 29/05/2010 till 29/06/2010 in Bangladesh.

SAILS is a platform for legal research on contemporary issues faced by humanity, identifying them and finding possible ways in overcoming the same.

With the ever increasing litigations and pendency of cases in courts, the course on ADR offered by SAILS has to be considered as the need of the hour.

 
The Course schedule.

Our classes were arranged at The Bangladesh Rural Advancement Committee(BRAC) Centre for Development Management(BCDM), Rajendrapur,Gazipur, about an hour’s journey from Dhaka, the capital city of Bangladesh.

After a welcome address by Dr.Mizanur Rehman, Executive Director, SAILS, and our benefactor throughout the course, we , the participants of Alternative Dispute Resolution and the participants of another simultaneous course on Clinical Legal Education, were introduced to the various aspects of the courses, its objectives, and the course schedules.

Our classes as well as food and accommodation were arranged at the BCDM. Arrangements were also made for the participants for sight seeing and shopping at Dhaka city.

The course on ADR started off on the very next day of our arrival. As part of the course, a plethora of information was provided to us in a box file to equip ourselves with the different ADR strategies.

 
The Sessions.

Each day, we had four sessions with tea and lunch breaks in between. The sessions included lectures on different aspects of ADR, Group Activities, Simulation exercises, Role Plays, Presentations and Open Discussions on related topics.The sessions started at sharp 09.00 AM and ended by 05.00PM.

 
Topics Covered.

The course started off with a briefing on the General overview and Relevancy of ADR in contemporary time, Definition and scope of ADR, Concepts, concerns and methods of ADR.

The first week saw ourselves being more and more aware about the Evolution, Importance and different forms of ADR; ADR in the context of International Law; issues of Polygamy; Roles of the Arbitration Council;Consumer Redressal and ADR;Reasons for ADR;Teaching ADR; Purpose of Alternatives & BATNA(Best Alternative to a Negotiated Agreement); Techniques of ADR; Methods of Problem Solving with special focus on Negotiation on the basis of Game Theory; Rules for Cross-Cultural Negotiation etc.

The following weeks witnessed sessions on many more topics related to ADR, such as Theory of Truth, Jurisprudence; Historical Observations on Human Behaviour; Disputes and their Transformation; Disputes and its Dynamics; Power Relation; Community Mediation; Skills of Mediators; Mediator’s Role; Discussions on the Bangladesh Laws relating to Mediation, Qualities in Mediation; Mediation Mechanisms for Lawyers; Ethics of Mediators; Basics of Dispute Resolution; differences between Adjudication, Arbitration, Mediation and Conciliation; Framing Rules for Mediators; Judicial Mediation; ADR in Criminal Justice System (Plea Bargaining); Approaches in Mediation; Elements of Mediation; Procedural Laws; Communication Skills; Legal Ethics; Future of Legal profession,2020; Arbitratio; Pro-Bono Lawyering; Human Rights; Victims of Conflicts and last but not the least, Research Methodology.

Resource Persons.

We, the participants of the course on ADR had the privilege of attending the lectures of various renowned Professors in Law and Barristers at Law throughout the course duration. Our minds were enlightened by Resource Persons such as Professor.Mizanur Rehman, Professor of Law, University of Dhaka and Executive director, SAILS, Dr. Yubaraj Sangroula, Director, Kathmandu School of Law, Nepal; Mr.Dave Holness, Director, University of KwaZulu-Natal Law Clinic and Senior Lecturer UKZN Law Faculty, Durban, South Africa; Dr. Zakir Hossain, Director of judicial Administration Training Institute; Prof. Shah Alam, Former Dean, Faculty of Law, University of Chittagong, Member, Bangladesh Law Commission; Dr.Aman M. Hingorani, Advocate-on-Record & Mediator, Supreme Court of India; Dr. Tureen Afroz,Barrister at Law, Asst. Professor, School of Law, BRAC University; Mr. SM Masum Billah, Asst. Professor, Jagannath University, Dhaka; Mr. Shafiqur Rehman, Asst. Professor, Jagannath University, Dhaka; Mr.Abdullah Al Faruque, Associate Professor and Chairman, Dept. of Law, University of Chittagong; Dr.Sharif Bhuiyan, Advocate, Supreme Court of Bangladesh, Founder Member & Director, SAILS; Dr. Belal Hussain Joy, Advocate, Supreme Cout of Bangladesh etc.

Dr. Kamal Hossain Advocate, Supreme Court of Bangladesh, Formerr Minister, Ministry of Law & Justice, and Parliamentary Affairs and Ministry of Foreign Affairs, Bangladesh, Chairperson of SAF, Bangladesh chapter, Senior and Chairperson of SAILS and Prof N.R.Madhava Menon, State Relations, Govt. of India., Founder, National Law School of India University and West Bengal National University of Juridical Sciences., Former Director, National Judicial Academy, Bhopal, India also graced our sessions with their presence and shared valuable informations about various aspects of Human Rights and Ethics among Lawyers.

 
Research.

The major highlight of the entire course was our visit to a remote village called Madaripur under the expert guidance of Dr. Yubaraj Sangroula , where we were exposed to practical mediation among the villagers. We spent almost two days with the villagers, researching and learning from them, their methods of mediation, called Shalish. Upon returning to the BRAC Centre, all the participants were required to frame different research issues, submit a detailed Research Report regarding the same and present it before the co-participants and our Resource Persons. The Research reports submitted by each participant was scrutinized by a team of resource persons including Dr. Kamal Hossain and Prof.N.R.Madhava Menon.

The Course came to an end on the 28^th of June 2010 and a valedictory function was held on the same day at the BRAC Centre, graced by Barrister Shafique Ahmed, Honourable Minister of Law, Justice and Parliamentary Affairs, Government of Bangladesh, Dr. Kamal Hossain, Prof.N.R.Madhava Menon, Professor.Mizanur Rehman and other distinguished guests.

At the function, I was much privileged to recieve an award for the Best Research Project, which I consider to be the most cherishable moment in my life.

On the 29^th of June, 2010, all the participants departed to their respective Nations with heads filled with knowledge and hearts filled with memorable moments spent at the BRAC Centre, Rajendrapur, Gazipur, Bangladesh.