The main forms are negotiation, mediation, conciliation, arbitration and expert determination, together with statutory processes such as court-referred mediation under the Code of Civil Procedure, settlement conferences in bank recovery cases, family court reconciliation, labour conciliation and village courts. The Legal Aid Services (Amendment) Act 2026 adds mandatory pre-case mediation for certain disputes. Each process differs in formality, cost, confidentiality and whether the outcome is binding. We help clients choose the form that matches the dispute, the relationship with the other side and the need to enforce the result. Early advice keeps every option open.

For certain categories of dispute, yes. The Legal Aid Services (Amendment) Act 2026 introduces mandatory pre-case mediation that is being rolled out by district, so whether it applies depends on the type of dispute and where the case would be filed. Courts can also refer pending suits to mediation under the Code of Civil Procedure. Commercial parties should check the position before issuing proceedings, because skipping a required step can delay or derail a claim. We confirm current requirements in the relevant district and plan alternative dispute resolution steps alongside any urgent applications that cannot wait.

A settlement reached in mediation is binding when it is recorded in a signed agreement that meets ordinary contract requirements. Where mediation takes place within court proceedings, the settlement can be recorded by the court and given effect as a decree, which makes enforcement more straightforward. Settlements reached in pre-case mediation have their own recording procedure. The quality of drafting is critical: vague obligations, missing payment schedules or unclear release terms invite later disputes. We draft settlement terms that are specific, enforceable and consistent with the process used, so the benefit of alternative dispute resolution is not lost.

Arbitration is better when a party needs a binding decision that can be enforced, when the other side is unwilling to negotiate in good faith, or when the dispute turns on legal or factual questions that only an adjudicator can resolve. Mediation is better when both sides want to preserve the relationship, when the dispute is largely commercial and when flexibility and speed matter more than a formal ruling. Many contracts combine the two, requiring mediation first and arbitration if it fails. We advise on which approach to alternative dispute resolution best suits the commercial goals.

Yes. Bangladesh is a party to the New York Convention, and the Arbitration Act 2001 allows foreign awards to be enforced through the courts on application, subject to limited grounds for refusal, such as incapacity, invalidity of the arbitration agreement, lack of proper notice, excess of jurisdiction and public policy. Domestic awards can be challenged on limited grounds and enforced as decrees. We advise award creditors on preparing enforcement applications and identifying assets, and we act for award debtors resisting enforcement where there are genuine grounds. Timing and evidence matter greatly.

Private mediation and arbitration are generally conducted in confidence, and parties can strengthen that protection by signing a confidentiality agreement and choosing institutional rules with confidentiality provisions. Without-prejudice negotiations are also protected from being used as evidence in later proceedings, subject to exceptions. Court-referred processes are confidential in many respects, but court records and any subsequent litigation may be public. Confidentiality is one of the main advantages of alternative dispute resolution for businesses concerned about reputation, trade secrets or regulator attention, so we build appropriate protections into each process. Agreements should say so expressly.

Yes. The Artha Rin Adalat Ain 2003 provides for settlement conferences and mediation in money loan court cases, and many recovery disputes are resolved through rescheduling, partial settlement or negotiated sale of security. Borrowers can present a realistic repayment plan, while banks can recover funds faster than through litigation and execution. Bangladesh Bank policies on rescheduling and classification affect what a bank can agree. We advise both lenders and borrowers on using these alternative dispute resolution procedures effectively. A settlement should record payment dates, release of security and default terms, so that it can be enforced.

Costs depend on the mediator, the complexity of the dispute and the preparation required, but mediation is usually far cheaper than litigation because it takes days rather than years. Court-annexed and legal-aid mediation can involve modest fees, while private commercial mediation costs more but often still saves money. The larger saving is management time and the avoided cost of a long dispute. We give clients a realistic budget for alternative dispute resolution and compare it with the likely cost and duration of court proceedings or arbitration. Settling before expert reports are commissioned avoids the heaviest costs.