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

  • ‘Education’ a priority traffic-law penalty

    A top National Police official on June 21 neither rejected nor confirmed the authenticity of a leaked audio message, which has gone viral on social media, on a waiver of fines for a number of road traffic-related offences. General Him Yan, deputy National Police chief in

  • Siem Reap’s $18M zoo said to educate public, help wildlife

    Angkor Wildlife and Aquarium Co Ltd has invested $18 million in a zoo in Siem Reap province, which will be opened in October to educate and promote animal conservation as well as attract national and international tourists. Currently, the Angkor Wildlife and Aquarium is building the

  • Volunteer scheme to foster ‘virtuous’ humanitarian spirit

    A senior education official said volunteer work contributes to solidarity and promotes a virtuous humanitarian spirit among the youth and communities. Serei Chumneas, undersecretary of state at the Ministry of Education, Youth and Sport, made the comment during the opening of a training programme called “

  • Chinese firms unveil preliminary results on metro, monorail for capital

    Minister of Public Works and Transport Sun Chanthol and representatives from China Road and Bridge Corp (CRBC) and its parent company, the state-owned China Communications Construction Co Ltd (CCCC), met on June 24 for talks on results of the firms’ preliminary study on a potential metro

  • Nestle’s debut may spur dairy market

    Leading confectionery manufacturer Nestle plans to invest in Cambodia by setting up an operation in the near future, a move majorly hailed by local dairy farmers as a means of boosting the fresh milk market in the Kingdom. During a visit by a delegation led

  • ACLEDA, WU to enable global money transfers

    Cambodia's largest commercial bank by total assets ACLEDA Bank Plc and global money transfer firm Western Union (WU) have partnered to offer customers cross-border money transfers to 200 countries via “ACLEDA mobile” app. In Channy, president and group managing director of ACLEDA, said the June 22 agreement