Mediation

Mediation is a flexible process that can be used to settle disputes in a whole range of situations. In Bangladesh, we offer two types of mediations including Civil & Commercial Mediation and Family Mediation.

Civil & Commercial Mediation 

Civil & Commercial Mediation is an alternative to court resolution process in civil and commercial areas under which the following issues can be dealt with:

  • Property dispute
  • Wills and inheritance
  • Landlord and tenant dispute
  • Boundary dispute
  • Dispute between business owners/ partners/ directors
  • Dispute between business owners and employees/ unions
  • Dispute related to business and commercial contracts
  • Professional negligence claims, e.g., against surveyors, lawyers, accountants, etc., and many more

Family Mediation 

Family mediation helps the couples to reach a resolution on the following issues/ disputes:

  • Separation
  • Divorce
  • Familial dispute (couple, extended family, etc.)
  • Parenting arrangements
  • Financial issues

Following acceptance of the case, Oxford ADR will allocate the case to one or two trained mediators who will then meet everyone, listen to them, try to comprehend the core issues, and help them to agree a solution.  In a mediation procedure, a neutral intermediary, the mediator, helps the parties to reach a mutually satisfactory settlement of their dispute and come to an agreement. Any settlement is recorded in an enforceable contract.

Unlike litigation mediation is an efficient and cost-effective way of achieving a suitable settlement while preserving, and at times even enhancing, the relationship of the parties.

Principal characteristics of mediation  

Mediation is a non-binding procedure controlled by the parties

In mediation an individual/party cannot be forced to accept an outcome that s/he does not like. The mediator’s role is to assist the parties in reaching a settlement of the dispute.  However, parties usually participate actively in mediations once they begin.  The parties are free to decide on how it should be conducted with the mediator.

Mediation is a confidential procedure

In a mediation, the parties cannot be compelled to disclose information that they prefer to keep confidential. If, in order to promote resolution of the dispute, a party chooses to disclose confidential information or make admissions, that information cannot, under the Oxford ADR rules, be provided to anyone – including in subsequent court litigation or arbitration – outside the context of the mediation.  Under the company rules, the existence and outcome of the mediation are also confidential.

Mediation’s confidentiality allows the parties to negotiate more freely and productively, without fear of publicity.

Mediation is an interest-based procedure

In court litigation or arbitration, the outcome of a case is determined by the facts of the dispute and the applicable law. In mediation, the parties can also be guided by their business interests. As such, the parties are free to choose an outcome that is oriented as much to the future of their business relationship as to their past conduct.  When the parties refer to their interests and engage in dialogue, mediation often results in a settlement that creates more value than would have been created if the underlying dispute had not occurred.

Because mediation is non-binding and confidential, it involves minimal risk for the parties and generates significant benefits. Indeed, one could say that, even when a settlement is not achieved, mediation never fails, as it causes the parties to define the facts and issues of the dispute, thus in any event preparing the ground for subsequent arbitration or court proceedings.

Four different models of mediation are used in Bangladesh:

Facilitative mediation

Where the parties are encouraged to negotiate based upon their needs and interests instead of their strict legal rights.

Settlement mediation

Where parties are encouraged to compromise in order to settle the disputes between them.

Transformative mediation

Where the parties are encouraged to deal with underlying causes of their problems with a view to repairing their relationship as the basis for settlement.

Evaluative mediation

Where parties are encouraged to reach settlement according.

Depending on the nature of the dispute, Oxford ADR uses all of the above four mediation models. Mediation is one of the greatest strengths of Oxford ADR and our main areas of mediation are Civil Mediation and Commercial Mediation, and Family Mediation.