The University of Cambodia

SUBJECT: INTRODUCTION TO LAW PRESENTERS:

Miss. Sok Van Davy

Topic: Cambodian Alternative Dispute Resolution

Lecturer Mr. Sun Sima

Prak Sophorn
Mr. Sok Heng
Miss. Chanthol Sokmean
 Content
1. Negotiation

Introduction to ADR
3. Arbitration

2. Mediation

Conclusion
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A. What is ADR?
INTRODUCTION TO ADR

ADR stands for Alternative Dispute

Resolution. It refers to the various
ways parties can settle disputes
outside of the traditional, court-
centered adjudication system.
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B. System of Cambodian Alternative Dispute Resolution

b o dian
o f Cam
y s tem i spute
S iv e D
n a t
Alter ion
o l ut
Res

Negotiation
Arbitration
Mediation
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1. NEGOTIATION

A. What is Negotiation?

Negotiation involves communication between two or

more people with the aim of reaching an agreement
on a particular issue or situation
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B. Advantages and Disadvantages of Negotiation

Cost Privacy Delay

savings

Flexibility
Settlement Unreasona
Advantages Disadvantages
Enforcement ble Party
One Party
is Too
Speed Powerful
Preservation
of Ongoing
Relationship Party
control
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Advantages
Advantages of
of Negotiation
Negotiation

t sa vings Privac
y
l e x ib ility
Co s F

There are no court fees - There is no court Negotiation is flexible in

or other expenses. involvement. both its process and its

- There is no press. results.
- There are no outsiders.
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Advantages
Advantages of
of Negotiation
Negotiation

m e nt
o ntrol Settle ent
Speed Party C
Enfor
ce m

The parties do not In negotiation, a party A negotiated settlement

have to wait for the cannot be forced into the of a lawsuit can be
judge, arbitrator or negotiation process or into recorded in a court
mediator to hear and a settlement to which the proceeding in front of a
make a decision on the party does not agree. judge and it becomes
case. enforceable as a judgment
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Disadvantages
Disadvantages of
of Negotiation
Negotiation

One P
Delay arty i
Unreason Power s Too
able Part ful
y

One disad On a re There are

vanta lated no some circ
ge with te, part umstances
negotiation also fa i es where
the
is that ce the parties
have
a possibil disproportio
party that th ity nate barga
can delay the e other ining power
party m and thus, o
ne party h
process if take ay as too muc
it wishes. an unreaso control. h
position nable
in the n
egotiati
on.
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2. MEDIATION
A. What is mediation?

Mediation is a part of the Cambodian culture and traditional legal

system. Mediation is traditionally conducted by a third party,
namely a monk, an Achar (knowledgeable expert), a prominent
person the parties trust, or the King, and formally it is conducted
by a public officer appointed by the government and the judge.
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B. Advantages and Disadvantages of Mediation

ADVANTAGES DISADVANTAGES

Creative and Mutually

Beneficial Remedies Unreasonable Party
Speed No Outcome
Guaranteed
Cost Cost
Relationship
Preservation or Privacy
Improvement
Private and
Confidential
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A. ADVANTAGES OF MEDIATION

Creative and Mutually Mediation allows the parties to come up with their own
1
Beneficial Remedies creative and amicable remedies and solutions to a dispute

Mediation allows parties to resolve difficult disputes

2 Speed
within a short period of time, usually in one day or less.

While private negotiation is usually the most inexpensive

3 Cost
dispute resolution technique, mediation costs are generally
lower than other options like litigation and arbitration.
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A. ADVANTAGES OF MEDIATION

Relationship The fact that the parties negotiate and discuss issues
4 Preservation or face-to-face and the ability to create outcomes that are
Improvement amicable and satisfactory to both parties

The Mediation Agreement generally ensures that the

Private and parties do not exploit any of the information which is
5 Confidential
discussed in the Mediation, should the parties fail to
reach a settlement and decide to explore other dispute
resolution procedures.
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B. DISADVANTAGES OF MEDIATION

If one party is unreasonable and does not want to

1 Unreasonable Party
settle, then there is nothing that the mediator can do.

No Outcome - The parties firstly agree that an outcome will be upheld by

2
Guaranteed both parties should one be reached.
- And secondly whether or not the parties actually reach an
agreement, no resolution or outcome can be guaranteed

3 Cost if the dispute is among two unrelated people or

companies, the mediator is usually a paid neutral

Some jurisdictions do not have a mediation law that specifically

4 Privacy
protects mediation-related communications. Thus, parties cannot
be 100% sure of privacy.
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3. ARBITRATION
A. What is arbitration?

Arbitration is a formal process for dispute

resolution outside the court where the parties
to the dispute are required to submit their
complaint to the administrative body of the
arbitration council or center.
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B. Advantages and Disadvantages of Arbitration

Disadvantages
Advantages

Rising Costs
Cost
Speed Speed

ance
pli
Co m
res wer
Privacy u i ng Lo
ced ar
Pro He
ib le Pu blic
Fle
x No
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A. ADVANTAGES OF ARBITRATION

1 Cost Arbitration is less expensive than litigation.

2 Speed Arbitration tends to be much faster than litigation.

3 Unlike court litigation, arbitration is usually a private

Privacy
process.

Parties can often choose whether they want a complex

4 Flexible Procedures
procedure that looks like litigation or a more simple
procedure.
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B. DISADVANTAGES OF ARBITRATION

Although arbitration is generally less expensive than

1 Rising Cost
litigation, it can still become expensive.

2 Speed Although arbitration is generally faster than litigation, it

can be slower than negotiation and mediation.

Because the arbitrator‘s award is not the product of

3 Lower Compliance negotiation and compromise, there is a greater likelihood
of non-compliance with the award.

In some situations, a party may prefer a public hearing, for

4 No Public Hearing
instance, to publicly defend herself against claims or to punish the
other side with possible public embarrassment.
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CONCLUSION

The advantage of ADR is that the parties can choose negotiation,

mediation/conciliation, or arbitration according to the nature of the
conflicts and their ability for resolving the conflicts.
THANK YOU!