Mediation in Cambodia

Current Status, Development and Prospects

Authors

  • Leang Sok Cambodian Centre for Mediation

DOI:

https://doi.org/10.52028/rbadr.v5i9.ART01

Abstract

This article explores the current status, development and prospects of mediation in Cambodia. Various alternative dispute resolution (ADR) mechanisms such as mediation, arbitration, conciliation and negotiation are still in the process of finding their proper places in the dispute resolution ecosystem. Principle-based mediation in particular, is in its infancy, including its concepts, the role of mediators as compared to that of conciliators or arbitrators and the incorporation of mediation by lawyers and arbitrators in their respective practices. Various stakeholders including government, local and international private sector and community organizations are at different stages in their exploration of mediation as well. Institutions providing labour and commercial arbitration are seeking opportunities to provide mediation services, while different laws have incorporated sections dealing specifically with mediation. These have created potential opportunities for mediation to develop and grow in the current context of Cambodia, including deliberations on the ratification of the Singapore Convention on Mediation.

Author Biography

Leang Sok, Cambodian Centre for Mediation

Mediation Program Advisor at the Cambodian Centre for Mediation (CCM). Leang has been involved in research on alternative dispute resolution (ADR) at the local level, namely in matters relating to domestic violence and intimate partner violence. He is a trained mediator and is currently a pro-bono mediator at CCM, which provides extensive mediation training in collaboration with domestic and international mediation houses. CCM has engaged at the national level to provide inputs and consultation on ADR, mediation, and legal aid in Cambodia. Leang holds a master’s degree in Sociology-Anthropology, and he received extensive training on transitional justice, international human rights law, gender equality, business and human rights, as well as mediation, together with experiences in providing training and research.

References

AWAD, Dora R. Mediação de conflitos no Brasil: atividade ou profissão. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 4, p. 57-66, 2020.

CHANDARA, S. Mediation seen as path to clear courts amicably. The Phnom Penh Post, Jan. 1 2023. Retrieved from: https://www.phnompenhpost.com/national/mediation-seen-path-clear-courts-amicably.

COMETTI, Anna K. F; MOSCHEN, Valesca R. B. The Singapore Convention in the framework of the Investor-State Dispute Settlement System. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 4, n. 7, p. 37-57, 2022.Dara, V. Justice ministry setting up mediation training team, Apr. 5 2021. Retrieved from:https://phnompenhpost.com/national/justice-ministry-setting-mediation-training-team.

DARA, V. Ministry of Justice wraps up case backlog clean-up effort. The Phnom Penh Post, Jun. 30 2021. Retrieved from: https://phnompenhpost.com/national/ministry-justice-wraps-case-backlog-clean-effort.

FARIAS, Bianca O. Mediação de conflitos em ambientes educacionais: um horizonte com novas perspectivas. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 3, p. 157-194, 2020.

FERREIRA, Daniel B; SEVERO, Luciana. Multiparty Mediation as Solution for Urban Conflicts: A case analysis from Brazil. BRICS Law Journal, v. VIII, n. 3, 2021, p. 5-29. https://doi.org/10.21684/2412-2343-2021-8-3-5-29.

MASON, Paul E. A Convenção de Cingapura e seus benefícios para o Brasil. Revista Brasileira de Alternative Dispute Resolution – RBADR, v. 2, n. 4, p. 181-193, 2021.

MINISTRY of Justice’s non-judicial dispute resolution mechanism to operate in 2022. (2021, December 26). Khmer Times. Retrieved from:https://www.khmertimeskh.com/50995287/ministry-of-justices-non-judicial-dispute-resolution-mechanism-to-operate-in-2022/?p=995287.

MUNMAKARA, M. CEDR accredits 16 local commercial mediators, Mar. 9 2022. https://phnompenhpost.com/business/cedr-accredits-16-local-commercial-mediators.

NATIONAL COMMERCIAL ARBITRATION CENTER (NCAC). Companies Survey: Commercial Mediation and Dispute Resolution in Cambodia (full draft v4), 2022. Unpublished.

NATIONAL COMMERCIAL ARBITRATION CENTER (NCAC). Arbitrator, 2023a. Retrieved from:https://ncac.org.kh/arbitrator/.

NATIONAL COMMERCIAL ARBITRATION CENTER (NCAC). Statistics, 2023b. Retrieved from: https://ncac.org.kh/statistics/.SIMC. Mediation in Cambodia. Retrieved from: https://simc.com.sg/blog/2019/04/04/mediation-in-cambodia/. Accessed on: 3 Mar. 2023.

SOCHAN, R. Projects to improve sub-national mediation, judicial services. The Phnom Penh Post, March 6 2022. Retrieved from: https://www.phnompenhpost.com/national/projects-improve-sub-national-mediation-judicial-services.

THE ARBITRATION COUNCIL FOUNDATION. The Demand for Mediation Services in Cambodia, 2018. Retrieved from:https://www.arbitrationcouncil.org/download/bdlink-2018-the-demand-for-mediation-services-in-cambodia/#.

MOJ; MOI; MOWA. Guidelines for the Limited Use of Mediation in Cases of Domestic Violence, 2022. Unpublished.

Downloads

Published

2023-12-28

Issue

Vol. 5 No. 9 (2023): Jan./Jun.

Section

Artigos

License

No royalties or other compensation shall be due for the publication of the works. 

The opinions expressed by the authors of the articles and reviews are their sole responsibility.