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Effectiveness of alternative dispute resolution (ADR) in rural area of Bangladesh: a study on village shalish system of Madhukhali Upazilla


Abstract

The purpose of this is to evaluate the effectiveness of the Shalish system in light of the field experience of Madhukhali upazila of Faridpur in Bangladesh. This study has mainly applied qualitative research techniques to fulfil the research objectives. The primary data has been collected through KIIs (Key Informant Interviews) and FGD (Focus Group Discussion). “Targeted Sampling” has been followed for conducting KIIs and FGD. In this context, experienced village leaders (Matobbor) and beneficiaries of the Shalish system in these areas were the main respondents. To collect the secondary data, information has also been collected from relevant websites, journal articles, and books. The study shows that the villagers still rely on the system confidently. Generally, two types of processes can be observed, which are top-down processes and bottom-up processes. The top-down process stresses that the Shalish may be initiated by village leaders. On the other hand, the bottomup process stresses that the Shalish may be initiated from the beneficiary end. There are no specific conditions or criteria for being a member of the Shalish board. However, the most common types of disputes resolved by Shalish are family disputes, land disputes, arson or other kinds of violence, stealing or robbery, etc. The major challenges the system has faced are interference by politics, lack of documentation, and lack of a legal basis.

Keywords

alternative dispute resolution, village shalish, village disputes

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