This document discusses alternative dispute resolution (ADR) in Cambodia. It defines ADR as resolving disputes outside of courts and describes the most common ADR methods as negotiation, mediation, and arbitration. It provides details on the negotiation process, characteristics of mediation, arbitration procedures, and the roles of Cambodia's National Arbitration Center and Arbitration Council in ADR. Finally, it outlines the mission and structure of Maisons de la Justice, which provide conciliation and legal aid at the district level in Cambodia.

1. Paññāsāstra University of Cambodia
Commitment to Excellence
Alternative Dispute Resolution (ADR)
Course : Introduction to Law
Lecturer :
Presented by:

2. Content
 What is ADR?
 Types of ADR
 Negotiation
 Mediation
 Arbitration
 Maison De La Justice
 Conclusion
ADR 2

3. 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.
ADR 3

4. Alternative Dispute Resolution
Importance of dispute resolutions:
• Cost
• Speed
• Control
• Confidentiality
• Experienced neutral panelists
• Cooperative approach
ADR 4

5. 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.
ADR 5

6. Two Basic Approaches to
Negotiation
1. Distributive Negotiation (win-lose)
2. Interest-based Negotiation (win-win)
ADR 6

7. The Stages of the Negotiation
Process
 Preparation Stage
 Preliminary Stage
 Information Stage
 Distributive/Interest-based Stage
 Closing Stage
ADR 7

8. 2.Mediation
Mediation defined as a facilitated or assisted negotiation.
ADR 8

9. Characteristics of MEDIATION
 Negotiation with assistance of third party.
 No authority to impose settlement towards the
parties for mediator.
 Mediator can only suggest solutions to the parties.
ADR 9

10. THE MEDIATION PROCESS
 Initiating mediation
 Selecting the mediator
 Briefing the mediator
 Opening session
 General problem solving sessions
 Private caucuses
 closure
ADR 10

11. 3. Arbitration
• 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.
ADR 11

12. 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
ADR 12

13. 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.
ADR 13

14. The Cambodian Arbitration
Council
 The Cambodian Arbitration Council (the “AC”) was
established in 2003 and is part of the ADR
framework for labor disputes.
ADR 14

15. ADR 15

16. ADR 16

17. 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.
ADR 17

18. 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.
ADR 18

19. 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.
ADR 19

20. 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.
ADR 20

21. Conclusion
ADR 21

22. ADR 22