All eyes on alternative dispute mechanism
IN A small village in Kampot province’s Bokor town, a prolonged dispute involving a common-law couple emerged, rooted in disagreements, misunderstandings and familial irresponsibility. Seeking resolution, the estranged couple turned to commune authorities, opting for divorce to end their enduring issues.
When addressing the nearly six-year dispute, Boeung Touk commune chief Sun Noun referred to research and interviews with Roluos village chief, villagers and the couple’s children. With confirmed consent from the pair, authorities decided to resolve the case at the commune level, bringing closure to the protracted family conflict.
“After gathering insights from various sources, we concluded that it was unsafe for her to remain with the husband. Considering his concerning behaviour, maintaining their union could lead to potential violence and harm to the wife,” he tells The Post.
Noun notes that while some couples may resort to divorce, some are open to reconciliation. When dealing with the latter, the commune chief says he employs a strategy of sharing life experiences and success stories, presenting various examples to illustrate potential resolutions.
“Some couples are open to counselling, ultimately choosing to return home with newfound insights, reconstructing a happier life together,” he says.
Yet, certain families defy any compromise, adamantly insisting on separation. For those with marriage certificates, commune authorities have found themselves unable to make decisions, advising them to pursue resolution through the legal avenue of filing a complaint in court.
“Successfully mediating means reducing lawsuits, as grassroots resolutions prove effective. However, some disputes remain irresolvable, necessitating court intervention,” he says.
Innovative approach
Local authorities routinely engage in out-of-court settlements to streamline community life. And the newly established National Authority for Alternative Dispute Resolution (NADR) has recently introduced a novel mechanism, with Minister of Justice and NADR president Koeut Rith highlighting its establishment in November 2023 as a crucial step in Cambodia’s judiciary reform.
NADR’s role, starting March 1, aligns with the government’s commitment to prioritising people-centric dispute resolution. This approach aids in reducing court case backlogs, brings dispute resolution closer to the people and fosters a culture of pacifism for social stability.
“Regarding the out-of-court settlement of disputes, NADR is actively undertaking its duties and will soon initiate the review and resolution process for the benefit of the people,” said Koeut Rith at a recent press conference.
The minister said there are two projects to benefit local communities: an out-of-court settlement of disputes initiative for remote areas and the other focused on resolving disputes within ethnic minority groups. These projects create opportunities for partner organisations and individuals eager to assist people in both regions.
Un Chenda, an official at the NADR General Secretariat, notes that this new mechanism offers an easier, more diverse and locally accessible option, enhancing effectiveness in resolving people’s disputes.
“This serves as a complementary mechanism, not a replacement. Existing mechanisms will persist in fulfilling their roles and responsibilities,” she says.
Chenda says the NADR will offer technical support and collaborate with local authorities to boost their capacity and efficiency in resolving disputes.
Building trust
Dispute resolution by the NADR involves a settlement officer directly aiding local residents. These mediation officers undergo thorough training in legal and dispute resolution skills before handling cases. A noteworthy aspect of NADR’s dispute resolution is the settlement agreement, which holds legal authority similar to a court’s final judgment. This means the agreement can be legally enforced, preventing recurrence of past cases where disputes surface due to a party refusing to comply with the agreement.
CitingtheRoyalDecreeoutlining the NADR’s establishment, organisation and functioning, she says disputes amenable to mediation involve litigation by the disputing parties. These include civil, commercial, labour and land disputes.
“As a rule, criminal cases are generally ineligible for mediation, with only a limited number allowed by law, like instances of minor violence or certain cases of domestic violence,” she says.
Chenda further notes that the first submission and reception of complaints will occur directly at the NADR General Secretariat, situated at the Royal Academy for Justice of Cambodia (RAJP). Plans for a more extensive mechanism to receive complaints are under consideration. Additionally, the national authority has established official social media accounts, creating a network for people to seek information.
Noun says that enhancing the capacity of local authorities through collaboration and technical support from the NADR will significantly improve the effectiveness of addressing local issues, fostering greater trust in the authorities.
Evaluating new mechanisms
“I’m of the view that local out-of-court dispute resolution, embraced through winwin mediation, proves advantageous for both citizens and the government. When people harbour no discontent with authorities, it signifies effective leadership,” Noun says.
Soeung Sen Karuna, spokesman for local rights group ADHOC, says it remains to be seen whether the NADR would be effective in addressing disputes out-of-court. While acknowledging notable judicial reforms in the new government mandate, he expresses concern about potential inequality and overlapping roles among relevant institutions.
“If it fails to bring about meaningful change for the parties involved in their cases, criticism may arise from those directly affected and the international community,” he says.
Cambodian Institute for Democracy president Pa Chanroeun suggests that the establishment of the authority, along with defining principles, might serve as a new mechanism to reinstate the rule of law and deliver justice to the people.
Nevertheless, research findings from various institutions indicate that Cambodia’s justice system currently lags behind some global counterparts. Therefore, the new government needs to undertake substantial reforms in the realm of justice to bolster societal rule of law, eliminate impunity, foster legal adherence and ensure justice for the people.
“Observing the inception of the NADR and the introduction of certain justice ministry principles, I perceive a fresh mechanism aimed at reinstating the rule of law and advancing the quest for justice in society. However, the assessment of its quality and effectiveness can only be made through scrutinising its actual work,” he says.