Logo of Phnom Penh Post newspaper Phnom Penh Post - ADR mechanism takes shape

ADR mechanism takes shape

Content image - Phnom Penh Post
Justice ministry spokesman Chin Malin addresses a workshop on the Kingdom’s judicial system in Phnom Penh on February 22. Heng Chivoan

ADR mechanism takes shape

The Ministry of Justice’s working group on its Alternative Dispute Resolution (ADR) mechanism is racing to disseminate concept notes about it to all relevant stakeholders, as it expects the process to be finalised and approved for use this year.

Ministry spokesman Chin Malin – also head of the working group – told The Post on April 18 that the concept notes will be widely shared following the Khmer New year celebrations. The notes provide a “compass” of the ADR mechanism, he said.

The notes will be printed in both Khmer and English to improve people’s awareness and understanding of the new processes, with the support of the EU.

“After these notes are finalised, we will launch the National ADR Policy. In order to activate the policy, several other mechanisms which will provide the operational capacity needed to put it into action will be undertaken,” he said.

He said operational requirements included human resource preparation, funding, mediator selection and acceptance, evaluation and review methodologies and the finalisation of some legal questions.

“All of these are stated in the National ADR Policy. After this national policy is approved and put into use, we will then prepare the operational requirements and procedures,” he said.

The policy will be launched this year, but operational procedures may come later or early next year, he added.

According to the concept notes, Cambodia already employs many out-of-court dispute resolution mechanisms including land dispute resolution by the Cadastral Commission through conciliation and mediation; labour and commercial dispute resolution by the Labor and Commercial Arbitration Council through arbitration and settlement; and local disputes resolution by Legal and Local conflict mediation district offices.

However, dispute resolution through mediation – and the number of trained mediators – remains limited. Although the justice ministry has trained a number of civil servants to fulfill the role, there are not enough to meet demand.

In addition, some mediators – trained locally, by private institutions, or abroad – are not yet accredited by the ministry, as Cambodia does not yet have a legal framework in place or any national institution which can provide comprehensive training, the concept notes said.

Malin said establishing an ADR mechanism is one of the ministry’s top priorities, in line with its goal of achieving local harmonisation.

The mechanism will enable two sides involved in a dispute to face each other, find a compromise and solve their dispute without the need to take the case to court.

MOST VIEWED

  • Joy as Koh Ker Temple registered by UNESCO

    Cambodia's Koh Ker Temple archaeological site has been officially added to UNESCO’s World Heritage List, during the 45th session of the World Heritage Committee held in Riyadh, Saudi Arabia, on September 17. The ancient temple, also known as Lingapura or Chok Gargyar, is located in

  • Ream base allegations must end, urges official

    A senior government official urges an end to the allegations and suspicions surrounding the development of Cambodia’s Ream Naval Base, now that Prime Minister Hun Manet has addressed the issue on the floor of the 78th UN General Assembly (UNGA 78). Jean-Francois Tain, a geopolitical

  • Cambodia set to celebrate Koh Ker UNESCO listing

    To celebrate the inscription of the Koh Ker archaeological site on UNESCO’s World Heritage List, the Ministry of Cults and Religion has appealed to pagodas and places of worship to celebrate the achievement by ringing bells, shaking rattles and banging gongs on September 20. Venerable

  • CP denied registration documents by ministry

    The Ministry of Interior will not reissue registration documents to the Candlelight Party (CP). Following a September 21 meeting between ministry secretary of state Bun Honn and CP representatives, the ministry cited the fact that there is no relevant law which would authorise it to do

  • Cambodian diaspora laud Manet’s UN Assembly visit

    Members of the Cambodian diaspora are rallying in support of Prime Minister Hun Manet’s forthcoming visit to the 78th UN General Assembly (UNGA 78) in the US’ New York City this week. Their move is an apparent response to a recent call by self-exiled former

  • After three deferrals, Capital Gains Tax to take effect Jan 1, 2024

    The General Department of Taxation (GDT) will implement the Capital Gains Tax starting January 1, 2024 to after being deferred three times as industrial players warn that the implementation might have some negative impact on the property market growth, which is down due to the economic downturn.