adr
TRANSCRIPT
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
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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
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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.
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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
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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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