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Mediation model rule for commercial disputes

The profession of business is interdependent of many stakeholders. Business enterprises are part of manufacturing or creating products and services. This is a kind of relay race. The concept of supply chain management developed from specialization of job of making something which again raw materials of other business and finally creating a good or service to deliver to consumer for consumption. Businesses are dependent on upstream as source of raw material and dependent on buyer at downstream market.  The relationship is not for one day or cannot develop over night. The success of one business is part of a supply chain relationship and unable to break and create now relationship over night. The nature of profession and cost of legal processes encourage the mediation of disputes amicably under certain rules or conventions.

Businesses try their best to maintain the relationship despite disagreement over certain issues and try to resolve to continue the relationship. The mediation, a category of Alternate Dispute Resolution (ADR) is the appropriate method of resolve the disputed to continue the business transaction.  The parties in dispute also continue the business transactions despite a dispute and mediation process on certain issues. The main issue of mediation is determining damages and there is not a critical dispute about liability or an issue of principle. All the parties in mediation are ready to resolve the issue with mutually agreed compensation for damages without any legal proceeding in the court.

Unfortunately, Bangladesh has no law for mediation although many developed and developing countries have such law. We have long tradition of Shalish of many types of disputes in rural societies. The business communities in many sectors have their own Shalish and conventional rule usually followed by the member of that business society. It has social and inner community methods of enforceability without any legal bindings. …

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