NEGOTIATION & MEDIATION LEGAL SERVICES IN BANGLADESH
Owing to the piles of cases already pending at the civil courts of Bangladesh and the associated hassles, out-of-court settlements or alternative dispute resolutions are gaining popularity. At FM Associates, when situation permits, we always advise our clients to settle the issue mutually by way of negotiation, and if they ever need a lawyer to assist them in negotiations, we provide them with the best in terms of qualification, experience and maturity. Negotiation and Mediation in Bangladesh has a lot of possibility We have dignified lawyers who have accomplished professional courses on negotiation and have been a significant part of several national and international negotiations in several family matters, business enterprises and joint-ventures.
In a Mediation, there is a third party, known as a mediator, who is neutral and is usually selected by the consent of the parties in dispute. The mediator acts as a 'shuttle diplomat' between the parties and exchanges offers and counter-offers between them. He also gives them a reality check and allows them to realize their ‘position’ in practical terms. The parties can then decide if they want to reach an agreement. If not, the mediator cannot force them. If they even agree to mediate, they can also decide the terms and conditions of it. This is one big advantage that parties enjoy in negotiation/mediation over litigation. Further, a mediator can be selected from someone in private practice or through a private institution. Recently, the Civil Procedure Code (CPC) 1908 of Bangladesh has made an amendment according to which resorting to alternative dispute resolution, such as mediation, has become mandatory. FM Associates understands the importance of mediation and is aware of the fact that mediation is not only effective in terms of saving time and money but also allows the clients to have their say in the dispute concerned. Our lawyers regularly participate in seminars, conferences and training programs where they not only provide training to aspiring mediators but also contribute in organizing such events.
The parties, nowadays, also incorporate clauses which state that ‘the dispute shall be resolved mutually by way of negotiation and if it fails then parties have to exhaust the avenue of mediation before resorting to litigation’. This way parties bind themselves to exhaust out-of-court settlements and save time and money from the lengthy cumbersome litigation process.By encouraging out-of court settlements, the aim is not to take disputes outside court and not let everyone have a fair trial but it is to identify which cases have merits and which do not. This approach is adopted to reduce pressure from the courts and create an alternative avenue for dispute resolution. FMA understands the importance of mediation and is aware of the fact that negotiation and mediation are not only effective in terms of saving time and money but also allows the clients to have their say in the dispute concerned. Our lawyers regularly participate in seminars, conferences and training programs where they not only provide training to aspiring mediators but also contribute in organising such events.