Synergizing ADR With the Existing Legal System to Ensure Access to Justice for Sustainable Infrastructure Development in Bangladesh

Abstract

Bangladesh's rapid infrastructure development faces significant challenges, particularly inthe realm of dispute resolution, where delays and inefficiencies in the formal legal systemoften hinder timely project completion. This paper explores the potential of synergizingAlternative Dispute Resolution (ADR) mechanisms with the existing legal framework toimprove access to justice and facilitate sustainable infrastructure development. ADR,including arbitration, mediation, and negotiation, offers an efficient, cost-effective, andflexible alternative to traditional litigation. Despite the legal provisions for ADR under theArbitration Act and Mediation Act, its integration into infrastructure-related disputesremains underutilized. This paper examines the benefits of ADR in addressing commoninfrastructure disputes, such as land acquisition, contractual issues, and environmentalconcerns, while identifying the challenges, such as limited institutional capacity, awareness,and enforcement issues, that hinder its widespread use. By proposing key reforms,including mandatory ADR clauses in contracts, strengthening judicial support, andenhancing capacity-building initiatives, this study outlines a pathway for more effectiveintegration of ADR with the formal legal system. The findings suggest that such integrationcould not only alleviate judicial backlogs but also promote more sustainable and inclusiveinfrastructure development in Bangladesh, ultimately ensuring better access to justice forall stakeholders involved in infrastructure projects.