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Many Roads to Justice: The Law Related Work of Ford ... - UNDP

Many Roads to Justice: The Law Related Work of Ford ... - UNDP

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BA N G L A D E S H 1 3 7areas. <strong>The</strong> evolution and nature <strong>of</strong> its systematic, methodicalapproach merits some attention, particularly because it has been amodel for other NGOs.Formally founded as a court-oriented legal aid group in 1978,M L A A began using mediation in 1983 partly out <strong>of</strong> frustrationwith the expense and delay <strong>of</strong> the judicial system. In addition,many clients wanted their problems addressed as simply as possible,and MLAA could serve more through alternative dispute resol u t i o n . <strong>Ford</strong> and other donor assistance, including the NORADsupportedconstruction <strong>of</strong> a residential training facility in theearly 1990s, enabled the organization <strong>to</strong> expand its legal serviceswork over the years and <strong>to</strong> train NGOs from all over Bangladeshregarding shalish. It would be unfair and inaccurate <strong>to</strong> creditM L A A alone with the growing use <strong>of</strong> shalish in Bangladesh. A S Khas employed a variation <strong>of</strong> it productively in Dhaka, as haveother organizations in other locales. But leaders in the legal servicesand human rights community describe the association as apioneering institution with the most systematic approach <strong>to</strong> mediat i o n .What, then, is that approach? Typically learning <strong>of</strong> MLAAthrough word <strong>of</strong> mouth, clients contact the organization throughits village-based mediation workers or through its <strong>to</strong>wn-basedbranch <strong>of</strong>fices. Most clients are women involved in marriagerelatedconflicts. Low-income farmers with land-related disputesconstitute the next largest group. Once a client approaches MLAAand provides relevant information, the association decideswhether and how it can help. In most instances this results inM L A A o rganizing a shalish <strong>to</strong> which it invites both the client andthe opposing party. Relatives and friends are also welcome <strong>to</strong>attend. A mediation worker facilitates the event <strong>to</strong> some degree.Village-based mediation committee (MC) members play al a rger role. <strong>The</strong>se are respected community figures whom MLAAhas recruited <strong>to</strong> participate whenever a shalish takes place, andwhom the association trains regarding family law, land law, mediationskills, and related matters. Some may have participated intraditional forms <strong>of</strong> shalish, but others (particularly the growingranks <strong>of</strong> female MC members) are new <strong>to</strong> the process. 3 <strong>The</strong> number<strong>of</strong> MC members in attendance depends on their availability.<strong>The</strong> actual shalish is <strong>of</strong>ten a loud and passionate event in

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