# **Conclusion**

This paper has documented the nature of disputes as they emerge through survey data and the case files of NGO reformed shalish. It has also analyzed based on qualitative data, the ways in which the shalish helps and hinders local justice. Further, it has documented the evolution of local justice systems as a dynamic force, changing to keep pace with new socio-political realities. It has gone on to aid the understanding of more formal institutional mechanisms of local dispute resolution, particularly the village courts.

In Bangladesh as in many other societies, dispute resolution is one of the core needs of especially the poor, who cannot access formal courts. Old elites in the country are transforming themselves and new elites are gaining ground. This is tied up to new structures and processes of decisionmaking at the local level, of which local justice is a part. Therefore, reform of the local justice system is intrinsic to the enhancement of equity and inclusion, within the context of broader local governance reform.

Turning from empirical description to normative policy reflection, we suggest a number of opportunities for strengthening local justice. The village courts may pose a useful bridge between Bangladesh‘s informal and formal justice institutions. International experience on such intermediate institutions is mixed: they have succeeded in some cases, as with lay justices of the peace in Peru, and failed in others, as with nyaya panchayats in India.

To improve the _fairness_ of village courts, reformers could consider provisions to check the authority of the UP chairperson, like recusal rules, publicity requirements, and the right of parties to strike a panelist. Asking the village courts to apply the general body of substantive formal law may be unrealistic and unwise. But fairness may be served by specifying a core set of fundamental rights to which village court decisions would be required to comply.

To improve the _effectiveness_ of village courts, reformers could consider greater training for UP members, an increase in the jurisdictional limit on village court cases, a streamlining of the process for enforcing decisions, a system for proactive judicial supervision of the courts‘ compliance with fundamental rights and with village court procedure, and the provision of administrative assistance for the running of the courts.

Civil society efforts in legal aid and alternative dispute resolution will remain crucial. Civil society may consider expanding, and better coordinating, the provision of NGO-facilitated shalish as well as support for and monitoring of village courts. Legal aid NGOs may also consider increasing their efforts to ensure state accountability at the local level. NGOs can employ legal action as well as broader advocacy to respond to corruption, abuse of authority, or failures in service delivery by the Union Parishads.

A truly informed strategy for strengthening local justice will require sophisticated quantitative and qualitative research into the demand for justice and the impact of the various justice institutions on the lives of Bangladeshis. And translating such information into action would depend on greater strategic coordination among branches of government and among civil society organizations.

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