Abstract
Enormous case backlog and protracted delays in courts are hindering access to justice in Bangladesh. Consequently, an initiative to provide quick and low-cost consensual justice through mediation was first initiated in the family courts of Bangladesh in the year 2000. However, although after an initial success, the system has been struggling over the decades. While contemporary research has identified various constraints causing such meager disposal of cases in family courts, using expert interviews of family court judges and relevant literature review on Australian family courts, this Chapter reiterates such constraints to generate relevant headway lessons from Australia that has excelled the practice of family mediation and becomes one of the world frontrunners in this field. Hence, the outcome of this study will assist policymakers in adopting relevant policies to redress case backlog and enhance gender justice through mediation in Bangladesh.
References
ABC News. 2005. "Family Law Draft Available for Comment." June 23, 2005. https://www.abc.net.au/news/2005-06-23/family-law-draft-available-for-comment/1599264.
Abraham Lincoln Online. 2018. "Speeches and Writings: Abraham Lincoln's Notes for a Law Lecture." https://www.abrahamlincolnonline.org/lincoln/speeches/lawlect.htm.
Allen Consulting Group (ACG). 2013. Research on Family Support Program Family Law Services. https://www.ag.gov.au/Publications/Documents/ResearchOnFamilySupportProgramFamilyLawServices/research-on-family-support-program-family-lawservices-may2013.pdf.
Assefa, Hizkias. 2013–2014. “Comparison Should Be Our Starting Point.” Peacebuilder, Fall–Winter Issue.
Attorney-General’s Department, Government of Australia. 2024. "Family Dispute Resolution." Last modified May 15, 2024. https://www.ag.gov.au/families-and-marriage/families/family-dispute-resolution.
Bagshaw, Dale, Thea Brown, Sarah Wendt, Alan Campbell, Elspeth McInnes, Bronwyn Tinning, Becky Batagol, et al. 2010. Family Violence and Family Law in Australia: The Experience and Views of Children and Adults from Families Who Separated Post-1995 and Post-2006. Vol. 1.
Bangladesh International Arbitration Centre (BIAC). n.d. “List of BIAC Training Courses.” Accessed May 22, 2024. https://www.biac.org.bd/list-of-biac-certificate-recipients/.
Bangladesh Sangbad Sangstha. 2021. “Govt Stresses on ADR to Reduce Judicial Backlog.” BSS News (Dhaka, October 30). https://www.bssnews.net/news/25420. Accessed March 8, 2024.
Bernstein, Elizabeth. 2016. Game Theory and Child Custody – Part 1: The Wisdom of Solomon. Perth: University of Western Australia.
Brandell, Jerold R., ed. 2001. Theory and Practice in Clinical Social Work. 2nd ed. New Delhi: SAGE Publications Asia Pacific Pvt. Ltd.
Carson, Rachel, Belinda Fehlberg, and Christine Millward. 2013. “Parents’ Experiences of Family Dispute Resolution and Family Legal Services in Australia Following Shared Parenting Reform: Recent Qualitative Findings.” Child and Family Law Quarterly 25: 406.
Castro, Alfonso Peter, and Kreg Ettenger. 1996. “Indigenous Knowledge and Conflict Management: Exploring Local Perspectives and Mechanisms for Dealing with Community Forestry Disputes.” Addressing Natural Resource Conflicts Through Community Forestry, New York, January–April.
Chowdhury, Jamila A. 2012. Gender Power and Mediation: Evaluative Mediation to Challenge the Power of Social Discourses. Newcastle upon Tyne: Cambridge Scholars Publishing.
———. 2012. “Legal Aid and Women’s Access to Justice in Bangladesh: A Drizzling in the Desert.” International Research Journal of Social Sciences 1 (3): 1–8.
———. 2014. “Gender Justice in Bangladesh: A Time and Cost Impact to Resolve Family Disputes through Litigation vs. Court Connected Mediation.” Dhaka University Studies, Part F 22 (2): 77–92.
———. 2014. “Gender Parity through Evaluative Mediation: Controlling Disparity under the Post-structural Notion of Power.” Dhaka University Studies, Part F 25 (1): 31–52.
———. 2015. “ADR in Legal Curriculum: Daunting Progress towards Pressing Need in Bangladesh.” Korea University Law Review 18: 3–28.
———. 2022. ADR Theories and Practices: A Glimpse of Access to Justice and ADR in Bangladesh. 4th ed. London: London College of Legal Studies (South).
———. 2011. Women's Access to Fair Justice in Bangladesh: Is Family Mediation a Virtue or a Vice? PhD diss., University of Sydney.
De Palo, Giuseppe, Ashley Feasley, and Flavia Orecchini. 2011. Quantifying the Cost of Not Using Mediation—A Data Analysis. Brussels: European Parliament.
Dhaka Tribune. 2020. "3.7 Million Cases in Backlog in Bangladesh Courts." July 16, 2020. https://www.dhakatribune.com/bangladesh/court/216371/3.7-million-cases-in-backlog-in-bangladesh-courts
Dodo, Obediah, and Mitchel Chakeredza. 2019. “Compatibility of Endogenous Conflict Resolution Practices with African Democracies.” International Journal of Modern Anthropology 2 (12): 154–172.
Dunham, Kathleen F. 2001. "The Future of Court-Annexed Dispute Resolution Is Mediation." Jones Law Review 5: 35.
Enamul Hoque. 2006. “Curbing Globalisation of Crime.” Law & Our Rights (The Daily Star, Dhaka, June 3). https://www.thedailystar.net/law/2006/06/01/index.htm. Accessed June 20, 2024.
Eusuf, Iftekhar Md. 2021. Mediation under the Code of Civil Procedure, 1908: Legal and Institutional Reforms. PhD diss., University of Dhaka.
Family Court Act. 1984. Sec. 4(3). India.
Family Courts Ordinance. 1985. Secs. 10 and 13. Bangladesh.
Family Law Act. 1975. Secs. 13C(1)(b), 60I, 60J. Commonwealth of Australia.
Federal Circuit and Family Court of Australia. n.d. "Court-based Family Dispute Resolution." https://www.fcfcoa.gov.au/fl/pubs/cb-fdr.
Federal Court of Australia Act. 1976. Sec. 53(A). Commonwealth of Australia.
Field, Rachael M. 2010. “Family Dispute Resolution and Victims of Family Violence: Ensuring a Safe Process and Outcomes.” Australasian Dispute Resolution Journal 21 (3): 185–196.
Golvan, George H. 2000. “A Decade of Mediation—The Promise Fulfilled?” The Arbitrator 18 (3): 136–140.
Hardy, Samantha, and Olivia Rundle. 2010. Mediation for Lawyers. CCH Australia.
Hasan, Kazi M. 2005. "Alternative Dispute Resolution." In Judicial Training in the New Millennium: An Anatomy of BILIA Judicial Training with Difference, edited by Wahiduddin Rahman and M. Shahabuddin. Dhaka: BILIA.
———. 2008. A Report on Mediation in the Family Courts: Bangladesh Experience. Dhaka: BLAST.
Hizkias Assefa. 2013–2014. “Comparison Should Be Our Starting Point.” Peacebuilder, Fall–Winter Issue.
Holton, Robert J. 2001. “Talcott Parsons: Conservative Apologist or Irreplaceable Icon.” In Handbook of Social Theory, edited by George Ritzer and Barry Smart, 152–165. London: SAGE Publications Ltd.
Hoque, Mahmudul E. 2006. "Curbing Globalisation of Crime." The Daily Star, June 3, 2006. https://www.thedailystar.net/law/2006/06/01/index.htm.
Huq, Nazmun. 2001. "Divorce Conciliation." The Dhaka University Studies Part-F 12 (1): 12.
Intern ShowT. 2020. “3.7 Million Cases in Backlog in Bangladesh Courts.” Dhaka Tribune (Dhaka, July 16). https://www.dhakatribune.com/bangladesh/court/216371/3.7-million-cases-in-backlog-in-bangladesh-courts. Accessed February 18, 2024.
Judicial Administration Training Institute (JATI). 2021. "Government Order of Online Mediation Training." June 30, 2021. https://jati.gov.bd/3d179_go_of_online_mediation_training---270.
———. 2022. Course Brochure: 45th and 46th Special Foundation Training Course for the Assistant Judges/Equivalent Judicial Officers. Dhaka: JATI.
Julie Ruffin. 2021. “Mandatory Mediation: Is It Really a Contradiction in Terms?” Proctor (Queensland Law Society, February 12). https://www.qlsproctor.com.au/2021/02/mandatory-mediation-is-it-really-a-contradiction-in-terms/. Accessed June 20, 2025.
Kakalik, James S., Terence Dunworth, Laura A. Hill, Deborah F. McCaffrey, M. Oshiro, Nicholas M. Pace, and Mary E. Vaiana. 1996. An Evaluation of Mediation and Early Neutral Evaluation under the Civil Justice Reform Act. Santa Monica, CA: RAND Corporation.
Kamal, Mizanur. 2002. "Introducing ADR in Bangladesh: Practical Model." Seminar paper presented at Alternative Dispute Resolution: In Quest of a New Dimension in Civil Justice System in Bangladesh, October 31, 2002, Dhaka, Bangladesh.
Krishnapada Talukder vs Geetasree Talukder. 1994. 14 BLD 415.
Law Commission Bangladesh. 2012. Report on The Family Courts Ordinance, 1985. Accessed July 10, 2025. https://www.lawcommissionbangladesh.org/reports/.
Law Commission Bangladesh. 2013. Report on The Muslim Family Laws Ordinance, 1961. Accessed July 10, 2025. https://www.lawcommissionbangladesh.org/reports/.
Law Reform Commission of Western Australia. 1997. Review of the Criminal and Civil Justice System in Western Australia. Project No. 92.
Limbury, Alan. 2018. “Compulsory Mediation – The Australian Experience.” Kluwer Mediation Blog, October 22. https://mediationblog.kluwerarbitration.com/2018/10/22/compulsory-mediation-australian-experience/. Accessed June 20, 2015.
Mazés, Richard B. 1975. “Biological Adaptation: Aptitudes and Acclimatization.” In Biosocial Interrelations in Population Adaptation, edited by Elizabeth S. Watts, Francis E. Johnston, and G. W. Lasker, 918. The Hague: Mouton Publishers.
Mediator Standards Board. 2017. "NMAS Mediator Accreditation and Re-accreditation Process." https://msb.org.au/themes/msb/assets/documents/nmas-accreditation-flowchart.pdf.
Meher Nigar vs Md Mujibur Rahman. 1994. 14 BLD (HCD) 467.
Menkel-Meadow, Carrie. 2003. “Conflict Resolution.” In The Encyclopedia of Community: From the Village to the Virtual World, edited by Karen Christensen and David Levinson. Thousand Oaks: Sage Publications.
Moloney, Lawrie, Lixia Qu, Kelly Hand, John De Maio, Rae Kaspiew, Ruth Weston, and Matthew Gray. 2010. “Mandatory Dispute Resolution and the 2006 Family Law Reforms: Use, Outcomes, Links to Other Pathways, and the Impact of Family Violence.” Journal of Family Studies 16 (3): 192–210.
Nader, Laura. 1993. "Controlling Processes in the Practice of Law: Hierarchy and Pacification in the Movement to Re-Form Dispute Ideology." The Ohio State Journal on Dispute Resolution 9 (1): 1.
Nirmal Kanti Das vs Sreemati Biva Rani. 1994. 14 BLD (HCD) 413.
North, James. 2015. "Court Annexed Mediation in Australia – an Overview." Speech presented at the 13th Malaysian Law Conference, Kuala Lumpur, November 17, 2015.
Palo, Giuseppe De, Anna Feasley, and Francesco Orecchini. 2011. Quantifying the Cost of Not Using Mediation—A Data Analysis. Brussels: European Parliament.
Parsons, Talcott. 1951. The Social System. Edited by Byron S. Turner. London: Routledge.
Pochon Rikssi Das vs Khuku Rani Dasi and Others. 1998. 50 DLR (AD) 47.
Pound, Roscoe. 2004. "The Causes of Popular Dissatisfaction with the Administration of Justice." In Handbook for Judges: An Anthology of Inspirational and Educational Readings, edited by K.M. Sampson. Iowa: American Judicature Society.
Queensland Law Society. 2020. The Queensland Law Society Submission on Review of the Mediation Process in Family Law Proceedings. Accessed July 10, 2025. https://www.qls.com.au/.
Quek, Dorcas. 2010. “Mandatory Mediation: An Oxymoron? Examining the Feasibility of Implementing a Court Mandated Mediation Program.” Cardozo Journal of Conflict Resolution 11 (2): 479–520.
Rachael M. Field, and Angela Lynch. 2014. “Hearing Parties’ Voices in Coordinated Family Dispute Resolution (CFDR): An Australian Pilot of a Family Mediation Model to Respond to Family Violence.” Family Court Review 52 (3): 378–391.
Robert J. Holton. 2001. “Talcott Parsons: Conservative Apologist or Irreplaceable Icon.” In Handbook of Social Theory, edited by George Ritzer and Barry Smart, 152–165. London: SAGE Publications Ltd.
Roy P. Basler. 2018. “Speeches and Writings: Abraham Lincoln’s Notes for a Law Lecture.” Abraham Lincoln Online. https://www.abrahamlincolnonline.org/lincoln/speeches/lawlect.htm.
Sternlight, Jean R. 2006. “Is Alternative Dispute Resolution Consistent with the Rule of Law?” DePaul Law Review 56: 569–575.
Talcott Parsons. 1951. The Social System. Edited by Byron S. Turner. London: Routledge.
Talukder, Krishnapada v. Geetasree Talukder. 1994. 14 BLD 415.
The Daily Star. 2018. "10 Judges for a Million People in Bangladesh." July 30, 2018. https://www.thedailystar.net/city/10-judges-million-people-bangladesh-1613248.
Ulrich, Madeleine. 2012. "Mediation in Australia: Development and Problems." In Mediation: Principles and Regulation in Comparative Perspective, edited by Klaus J. Hopt and Felix Steffek. Oxford: Oxford University Press.
Unpingco, John S. 1993. The Civil Justice Reform Act Plan for the District of Guam. Guam: District Court of Guam. https://www.fjc.gov/sites/default/files/2017/CJRA-09-GUAM-PLAN.pdf.
UN Women. 2021. Access to Justice for Women in Bangladesh: A Situation Analysis. Accessed July 10, 2025. https://asiapacific.unwomen.org/.
United Nations Development Programme (UNDP). 2020. Evaluation of UNDP’s Support to Access to Justice and Rule of Law: Bangladesh Country Case Study. Accessed July 10, 2025. https://www.undp.org/.
United Nations Office on Drugs and Crime (UNODC). 2020. Global Study on Legal Aid: Bangladesh Profile. Accessed July 10, 2025. https://www.unodc.org/.
Ward, Emily. 2007. "Mandatory Court-Annexed Alternative Dispute Resolution in the United States Federal Courts: Panacea or Pandemic." St. John’s Law Review 81 (1): 77.
Recommended Citation
Chowdhury, Jamila A. and Siddiqui, Mehnaz
(2025)
"Struggling Access to Justice through Mediation in Bangladesh: Headway Lessons from Australia,"
The Indonesian Journal of Socio-Legal Studies: Vol. 4:
No.
2, Article 4.
DOI: 10.54828/ijsls.2025v4n2.4
Available at:
https://scholarhub.ui.ac.id/ijsls/vol4/iss2/4
