Alternative Dispute Resolution, Legal Aid and Professional Ethics

Alternative Dispute Resolution, Legal Aid and   Professional Ethics

Alternative Dispute Resolution

Mechanism of Justice: Adversarial Justice and Inquisitorial Justice, Alternative Dispute Resolution (ADR): Meaning and Importance of ADR, Advantages and Disadvantages of ADR, Methods of ADR, Forms of ADR: Negotiation, Mediation, Conciliation, Arbitration, Development of ADR in Bangladesh, Qualifications of an Ideal Mediator, Distinction between Judicial System and ADR, Arbitration: Composition and Jurisdiction of Arbitration Tribunals, Arbitral Award and Enforcement of Arbitral Award, Recognition and Enforcement of Arbitral Awards, Settings aside an Award, When Arbitration superseded by the Court, Appeal, the Provisions of ADR under the Code of Civil Procedure, the Code of Criminal Procedure, The Artha Rin Adalat Ain.2003, The Arbitration Act, 2001, Muslim Family Law Ordinance, 1961, Family Court Ordinance, 1985, Application of ADR in International Disputes and the Concerned Authorities & Institutions, ADR: Role of NGOs, Problems and Prospects;

Access to Justice and Legal Aid

Meaning and Importance of Access to Justice, Access to Justice as a Matter of Right, Money, Power and Access to Justice, State’s Obligation to ensure Access to Justice for all Citizens, Legal Aid for Access to Justice, Legal Aid in Bangladesh through Govt. and NGOs, Legal Aid under the Code of Civil Procedure, National Legal Aid Organization, National Legal Aid Management Board, District Legal Aid Committee, Upzilla and Union Legal Aid Committee, The Fund of the Board, Panel Lawyers, Eligibility for Legal Aid, Application for Legal Aid, Areas covering Legal Aid, Defects and Challenges before the Legal Aid Scheme. Improving Access to Justice through Different Ways i.e. Alternative Dispute Resolution, Small Claims Courts, Legal Aid, and Enhanced Public Legal Literacy;

Client Counseling:

Factual Investigation; Client Interviewing, Listing and Observing, (Section 126 of Evidence Act, 1872), Interview Checklist, Client Interviewing form; Reading of Cases, Finding Law Opinion, Common Forms and Negotiation Techniques;

Professional Ethics

Legal Profession and Social Responsibilities, Legal Education and Legal Ethics, Enrollment as an Advocate, Rights of an Advocate, Orientation of Bangladesh Bar Council, Bangladesh Bar Council is the Guardian of the Advocate Community, Composition and Formation of Bar Council, All Tiers of Bar Association, Oath of an Advocate, Canons of Professional conduct and Etiquette, Conduct with regard to other Advocates, Clients, Courts and Public in General, Lawyers and Public Interest, Confidentiality, Transparency and Accountability of a Lawyer, Formation of Tribunal of Bangladesh bar Council for Committing Professional Misconduct and Punishments;

Relevant Laws:

Books Recommended:

1. Alternative Dispute Resolution Practitioners Guide by Scott Brown, Christine   Cervenak and David Fairman

2. Alternative Dispute Resolution: What It Is and How It Works by P.C. Rao and William

Sheffield

3. Alternative Methods of Dispute Resolution by Martin A. Frey

4. Idea and Law on Alternative Dispute Resolution and Legal Aid (Bengali) by Md.

Aktaruzzaman

5. Alternative Dispute Resolution (ADR) in Commercial Disputes: The UK & Bangladesh

Perspectives by Sk. Golam Mahbub

6. A History of Alternative Dispute Resolution by Jerome T Barrett, Joseph P Barrett

7. Alternative Dispute Resolution – Limits and Limitations of Arbitration by K Nagasri

Valli

8. Essentials of Alternative Dispute Resolution by Susan Patterson and Grant Seabolt

9. Alternative Dispute Resolution and the Courts by Tania Sourdin

10. Alternative Dispute Resolution by Paul Newman

11. Setting Disputes by Linda R. Singer

12. Alternative Dispute Resolution by Michael Freeman

13. Mediation-Concept and Techniques in Support of Resolution of Disputes by N. R.

Madhava Menon

14, Laws on Legal Practitioners and Bar Council Rules by MA Sllam

15. Lets Go to the Court by Abdul Karm

16.  Bangladesh Judicial Service Examination Handbook by CCB Foundation

17. Principles of legal Ethics; by Prof. Dr. C.M. Hanif

18. Road to Justice by Lord Denning

19. Professional Ethics of the Bar, by C.L. Anand

20. A study of Legal Ethics; by H.W. Jessup

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)

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