With nearly 3.8 million pending cases across Bangladesh’s courts, the government has expressed hope that the pragmatic application of mediation ordinance will help usher in a fairer, speedy and more affordable path to justice.
The government has implemented the Mediation Ordinance, 2016—gazetted on 1 July 2025—introducing a structured framework for resolving civil disputes through mediation before and after a case is filed in court. Under the new law, all civil disputes must undergo mediation attempts prior to trial, unless exempted by special circumstances.
The aim is to ease the burden on the judiciary, reduce case backlogs, and encourage amicable settlements outside the courtroom.
The ordinance recognises two distinct forms of mediation: Pre-case mediation: Dispute resolution before filing a lawsuit and Post-case mediation: Resolution process after a case has been filed in court. The law defines mediation as a voluntary and confidential process where parties in a dispute attempt to reach a settlement with the assistance of a neutral third party—referred to as a mediator. If successful, the resulting mediation agreement becomes legally binding on all parties involved.
To ensure professionalism and neutrality, the ordinance mandates the creation of a pool of accredited mediators, including senior lawyers, former judges, and subject matter experts. These mediators will be registered, trained, and monitored under a centralised authority.
Legal reforms have also been introduced to align existing legislation with the mediation framework. Relevant amendments have been made to the Code of Civil Procedure (1908), the State Acquisition and Tenancy Act (1950), and other related laws to incorporate mandatory and enforceable mediation clauses.
Legal professionals and judicial experts have welcomed the ordinance. However, concerns remain over implementation challenges, particularly the need for institutional infrastructure, public awareness, and skilled mediators.
Officials from the Ministry of Law have confirmed plans to establish a National Mediation Secretariat tasked with overseeing training programmes, developing codes of conduct, and launching outreach campaigns to familiarise citizens with the new system.
