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.
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4. Alternative Dispute Resolution
Importance of dispute resolutions:
• Cost
• Speed
• Control
• Confidentiality
• Experienced neutral panelists
• Cooperative approach
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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.
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6. Two Basic Approaches to
Negotiation
1. Distributive Negotiation (win-lose)
2. Interest-based Negotiation (win-win)
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7. The Stages of the Negotiation
Process
Preparation Stage
Preliminary Stage
Information Stage
Distributive/Interest-based Stage
Closing Stage
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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.
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10. THE MEDIATION PROCESS
Initiating mediation
Selecting the mediator
Briefing the mediator
Opening session
General problem solving sessions
Private caucuses
closure
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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