Out-of-court settlements come into effect March 1
THE National Authority for Out-of-Court Dispute Resolution will begin receiving complaints from citizens to review and mediate from March 1 onward. The recruitment of officials and the preparation of legal documents are already underway.
A January 8 meeting to discuss the preparations was held at the Royal Academy of Justice. The meeting was chaired by Minister of Justice Koeut Rith, who serves as chairman of the authority, and attended by Minister of Inspection Huot Hak, who serves as vice-chairman, along with several other pertinent officials.
A press release by the authority explained that 60 mediators will be appointed, with 30 of them drawn from the ranks of former judges, prosecutors and public officials who have dispute resolution experience.
Examinations will be conducted to select the remaining 30 mediators.
“The national authority has set March 1 as the date it will begin to receive complaints from citizens. This will allow time to appoint mediators and draft technical documents,” said the release.
It added that citizens who wish to have their disputes heard can file them through the Complaints and General Affairs Department, located at the Multipurpose Building of the Royal Academy of Justice in the capital’s Chroy Changva district.
People can also call 099 456 156, or email nadr@moj.gov. kh for more details.
The authority said that in order to ensure the alternative disputes resolution mechanism runs smoothly, it will collaborate with partners from relevant ministries and institutions.
This may include the inspection ministry, the Bar Association of the Kingdom of Cambodia (BAKC), sub-national administrations, the Arbitration Council, civil society organisations (CSOs) and development partners.
Justice ministry secretary of state Chin Malin explained on January 9 that the national authority had decided to set March 1 as the date it would receive its first complaints because it wanted to ensure it has enough time to recruit staff.
He said that 50 per cent would be drawn from a competitive examination process, while the remaining half would be selected from among experienced former judicial officials. All of the new officials will receive additional training and orientation sessions.
“The authority’s General Secretariat will make a public announcement which outlines the necessary requirements for these posts,” he added.
He stressed that the cooperation and support of CSOs and partners would be indispensable, noting that the authorities may request technical, financial and other support.
“The new authority will bring judicial services closer to the people. It will employ less complex mechanisms to resolve disputes than the courts, and will also be less time-consuming and more affordable. The parties to each dispute will remain confidential. An additional benefit is that it will relieve the congestion of court cases,” he said.
He added that out-of-court dispute resolutions will also create harmony with the community, as the win-win mechanism aims to ensure that solutions are acceptable to all parties.
Pa Chanroeun, president of the Cambodian Institute for Democracy, is positive about the fact that the new authority has progressed to the point of appointing officials.
However, he explained that he would not offer an evaluation of the institution’s work, as he perceived a lack of balanced oversight.
He hopes that the mechanism would be transparent, accountable and avoid any political influence.
“For me, the justice system in Cambodia is complex. It is difficult to expect justice, even ordinary cases take a long time and are complicated,” he said.
He opined that in order for the new authority to function properly, it must strengthen transparency and the accountability of the judiciary. There should be monitoring mechanisms that closely observe the resolutions as they are made, he suggested.
Judicial reform is one of the priority areas of the seventh-mandate government. Part of this reform includes the establishment of the national authority.