Discover How Mediation as a Voluntary Legal Process and Guidelines

Introduction Of  Mediation

Mediation is a widely accepted form of Alternative Dispute Resolution (ADR), where parties in conflict seek to resolve their issues through discussion, facilitated by a neutral third party — the mediator. Unlike court proceedings or arbitration, mediation is entirely voluntary, non-binding, and controlled by the parties involved.

This makes mediation not only more flexible and affordable but also more empowering, especially within the legal context of Bangladesh.

Why Mediation is Considered a Voluntary Process

1. Participation is Based on Consent

  • Mediation cannot begin unless both parties agree voluntarily to participate.

  • Even if the court recommends it, no one can be forced to mediate.

2. Freedom to Withdraw at Any Stage

  • Mediation is non-compulsory and can be discontinued by either party at any point.

  • There are no penalties or legal consequences for leaving the process midway.

3. Mediators Do Not Impose Decisions

  • Mediators facilitate communication but do not control or dictate the outcome.

  • The resolution must be mutually accepted by the parties involved.

4. Outcomes Are Non-Binding Unless Formalized

  • Agreements made during mediation are not legally binding unless documented and signed by both parties.

  • This maintains the voluntary spirit of the entire process.

5. Parties Retain Full Control

  • Mediation ensures that both parties control their positions and outcomes.

  • This makes the process collaborative, respectful, and solution-oriented.

Legal Framework in Bangladesh

In Bangladesh, mediation is formally supported under Section 89A of the Code of Civil Procedure, 1908, allowing courts to encourage mediation before initiating a trial. However:

  • The process requires mutual consent to proceed.

  • No one is legally bound to participate or settle unless they choose to.

  • NGO-led and community-based mediation programs further highlight its voluntary nature, especially in rural and marginalized communities.

Mediation services provided by organizations like MLAA, BRAC, and Nagorik Uddyog emphasize trust, accessibility, and participant freedom.

Benefits of a Voluntary Mediation Process

  • Reduces legal costs by avoiding formal court procedures

  • Saves time through informal and faster resolution

  • Encourages amicable solutions, preserving relationships

  • Empowers individuals to speak openly without legal pressure

  • Promotes confidentiality and neutrality

Voluntary mediation is particularly valuable for resolving family disputes, land issues, inheritance disagreements, labor disputes, and commercial conflicts.

FAQ’s

Is mediation mandatory in Bangladesh?
No. Mediation is voluntary. While courts may suggest it under Section 89A CPC, parties must agree before mediation can proceed.

Can I leave the mediation process at any time?
Yes. Either party can withdraw from the mediation at any stage without legal consequences.

Is the result of mediation legally binding?
Only if both parties sign a formal settlement. Otherwise, mediation outcomes are non-binding.

Who controls the decision in mediation?
The parties involved. Mediators facilitate but do not impose any decisions.

Why choose mediation over court trials?
Mediation is faster, more cost-effective, private, and better at preserving relationships.

Conclusion: Empowering Justice Through Voluntary Dialogue

Mediation stands out as a voluntary, flexible, and participant-driven legal approach in Bangladesh. It offers a human-centered path to resolving disputes—without court pressure, excessive costs, or delays. For clients seeking respectful, confidential, and collaborative resolutions, voluntary mediation is not just an option—it is often the best option. Its flexible, party-driven nature ensures that both sides can voice their concerns in a safe, confidential setting. This makes it not only a legal alternative but a more humane approach to conflict resolution in Bangladesh.

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