‘Mediation is crucial before arbitration, litigation’
Bangladesh and Indian experts brainstorming at a webinar on Thursday resolved that mediation is crucial before arbitration or litigation on business disputes.
The webinar on "Mediation before Arbitration or Litigation?" was organised jointly by the Bangladesh International Arbitration Centre (BIAC) and the International Centre for Alternative Dispute Resolution (ICADR), India.
BIAC is the first registered Alternative Dispute Resolution (ADR) institution of Bangladesh and ICADR is an autonomous organisation under the aegis of the Union Government of India.
The speakers stressed on the advantages of mediation over arbitration and litigation as a dispute resolution tool, especially in the wake of the spread of COVID-19 pandemic worldwide, which has created an unprecedented challenge in our economic life.
The webinar focused on how mediation at this difficult time can help resolve commercial disputes in the most pragmatic, expeditious and cost effective manner.
It also highlighted why mediation should be preferred as a dispute resolution tool before resorting to a lengthy arbitration procedure or a judicial process given the colossal backlog of pending cases in the courts of Bangladesh and India.
Seven outstanding panelist discussants took part in the deliberations.
Abdul Muyeed Chowdhury, former Adviser to a caretaker government and an Accredited Mediator emphasized promotion of mediation as a dispute resolution mechanism both in Bangladesh and India as Bangladesh has the maximum volume of trade relationship with India.
He articulated advantages of mediation over arbitration and formal court procedure and opined that unless a party is absolutely adamant, it is possible to resolve any business dispute through mediation.
Addressing the webinar Chairman of BIAC Mahbubur Rahman stressed on the need of resorting to mediation as the most successful tool of ADR.
Business leaders, experts from the legal fraternity, corporate houses, academicians, Mediators and ADR specialists of high eminence from home and abroad participated in the largely attended webinar through Zoom transmission.
The webinar was moderated by Professor Dr. Farhana Helal Mehtab, Head of the Department of Law and Associate Dean of the Faculty of Humanities and Social Science, Daffodil International University, Dhaka.
ICADR India Regional Centre in Charge and Secretary J L N Murthy, Dhaka Chamber of Commerce and Industry (DCCI) President Shams Mahmud, Supreme Court (SC) lawyer Barrister Rizwana Yusuf, SC India Lawyer Ms. Kiran Bhardwaj, Marico Bangladesh Ltd. Legal and Corporate Affairs Director Christabel Randolph, Punjab and Haryana High Court India lawyer Dr. Deepak Jindal took part in the webinar.
BIAC CEO Muhammad A. (Rumee) Ali made the welcome address at the webinar which was also spoken by Odisha High Court Additional Judge L. Vengkateswar Rao and BIAC Director M A Akmall Hossain Azad. The Daily Bonik Barta was the media partner of the event.