Paññāsāstra University of CambodiaCommitment to Excellence

Alternative Dispute Resolution (ADR)

Course : Introduction to Law

Lecturer :

Presented by:

ADR

ContentWhat is ADR?

Types of ADR

Negotiation

Mediation

Arbitration

Maison De La Justice

Conclusion2

ADR

Alternative Dispute Resolution

• ADR refers to the various ways parties can

settle disputes outside of traditional court

centered adjudication system.

• The most common forms of ADR are

negotiation, mediation, and arbitration.

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Alternative Dispute Resolution

Importance of dispute resolutions:

• Cost

• Speed

• Control

• Confidentiality

• Experienced neutral panelists

• Cooperative approach

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1. Negotiation

Negotiation is the process of back and forth

communication, whereby parties submit and

consider offers until an offer is made and

accepted.

Cambodian law supports negotiation. 5

ADR

Two Basic Approaches to Negotiation

1. Distributive Negotiation (win-lose)

2. Interest-based Negotiation (win-win)

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The Stages of the Negotiation Process

Preparation Stage

Preliminary Stage

Information Stage

Distributive/Interest-based Stage

Closing Stage

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2.Mediation

Mediation defined as a facilitated or assisted

negotiation.

ADR

Negotiation with assistance of third party.

No authority to impose settlement towards the

parties for mediator.

Mediator can only suggest solutions to the

parties.

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Characteristics of MEDIATION

ADR

THE MEDIATION PROCESS

Initiating mediation

Selecting the mediator

Briefing the mediator

Opening session

General problem solving sessions

Private caucuses

closure10

ADR

3. Arbitration

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• Arbitration is the third major ADR method, which

parties submit their dispute to a neutral third party.

This third party considers the evidence the disputing

parties have submitted and renders a decision

called an “award.”

• Award can be binding or nonbinding.

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The Arbitration Process

There are six stages to the typical arbitration process.

1. Initiation of Arbitration

2. Selection of Arbitral Tribunal

3. Pre-hearing Procedure

4. Arbitration Hearing

5. Decision Making

6. Appeal and Enforcement

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The National Arbitration Center

National Arbitration Center “NAC” is established

inside the Ministry of Commerce.

The NAC has potentially difficult responsibilities

as both an arbitration forum and as a licensing

and supervisory authority for all arbitrators in

Cambodia, even those who might serve in other

forums.

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The Cambodian Arbitration Council

The Cambodian Arbitration Council (the “AC”)

was established in 2003 and is part of the ADR

framework for labor disputes.

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MAISONS DE LA JUSTICE

The Maisons de la Justice were created through

an inter-ministerial Prakas No.

85Rbk/MOJ/MOI/06 and No. 13Rbk/MOJ/MOI/08

by the Government of Cambodia signed in

December 2006 and Feb 2008 for the

establishment of the Maisons.

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MAISONS DE LA JUSTICE

Mission of the maison de la justice:

Provide training and/or technical advice to commune councils

on conciliation and certain legal matters.

Assess the demand for legal information at the district and

commune levels.

Disseminate necessary legal information to local officials and

the public in the district.

Conciliate and mediate disputes at the request of the parties.

Provide referral services to disputants whose cases can not

be resolved at the local level. 18

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MAISONS DE LA JUSTICE at District level

Structure

Each Maison de Justice shall be led by a director

with a number of assistants upon necessity.

One civil servant who is assigned by The Ministry

of Justice.

One civil servant who is appointed by provincial

governor.

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MAISONS DE LA JUSTICE at District level

The Ministry of Interior is in charge of

administration, finance, and means for

operation of the Maison de Justice.

The Ministry of Justice is in charge of training

the Maison de Justice staff on laws and ADR

techniques.

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Conclusion

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