By Dara, KHLOK, M.A, MPM, LLM
The Alternative Dispute Resolution (ADR) is an approach to solving the conflict that are more systematic, less costly, less time consuming, and with more certainty. It is no doubt that ADR not only provide better justice in the society but also contribute strongly to the economic development. With intensive support the socio-economic stability and development of Cambodia where had been passed many years of civil wars and instability, various alternative dispute resolution (ADR) mechanisms beside the formal litigation system has been established in both public and private. However the development and implementation of the system is still at the crossroads and there are lots of challenges such as independence, qualification of ADR providers, legal framework, and other model and method. This study discovered the basic value and principle of ADR on the grounds of a comparative study of the Japan and Cambodia's alternative dispute resolution systems. This study discovers lesson learned of their necessity and their particularity in the future construction of the Cambodian ADR system. The flaws in dispute resolution are not only an obstruction to justice but also a huge burden to social development. Cambodia is going through a golden age of economic development and so a complete, diverse, highly efficient and effective dispute resolution system would provide necessary support to economic development. To achieve this full use must be made of the mediation resources and so reconstruction of the current mediation systems as well as developing a new and diverse alternative dispute resolution system is a necessary step and will ensure further Cambodian economic development and social stability.
The Alternative Dispute Resolution (ADR) is an approach to solving the conflict that are more systematic, less costly, less time consuming, and with more certainty. It is no doubt that ADR not only provide better justice in the society but also contribute strongly to the economic development. With intensive support the socio-economic stability and development of Cambodia where had been passed many years of civil wars and instability, various alternative dispute resolution (ADR) mechanisms beside the formal litigation system has been established in both public and private. However the development and implementation of the system is still at the crossroads and there are lots of challenges such as independence, qualification of ADR providers, legal framework, and other model and method. This study discovered the basic value and principle of ADR on the grounds of a comparative study of the Japan and Cambodia's alternative dispute resolution systems. This study discovers lesson learned of their necessity and their particularity in the future construction of the Cambodian ADR system. The flaws in dispute resolution are not only an obstruction to justice but also a huge burden to social development. Cambodia is going through a golden age of economic development and so a complete, diverse, highly efficient and effective dispute resolution system would provide necessary support to economic development. To achieve this full use must be made of the mediation resources and so reconstruction of the current mediation systems as well as developing a new and diverse alternative dispute resolution system is a necessary step and will ensure further Cambodian economic development and social stability.
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