What is 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. ADR encompasses many forms of dispute resolution, some of which are common and some of which are quite new. Arbitration, negotiation and mediation are the most common forms of ADR. Lawyers call these ADR forms an alternative because many people today consider courts to be the main form of dispute resolution, whereas anything else is an alternative.
However, ADR has deep historical roots in many different countries and cultures. In Cambodia, ADR has played an important part in the traditional village dispute resolution system. This will be discussed further in the subsequent chapters.
Today, Cambodia is creating formal ADR mechanisms by law. In 2001, Cambodia enacted its first ADR law that established the Arbitration council. Then, in 2006, Cambodia passed its second ADR law, called the Law on Commercial Arbitration. That same your, Cambodia also passed a new Code of Civil Procedure, which explicitly allows for ADR mechanisms to take place even after the Plaintiff has filed her complaint with the court. As a result, ADR is now becoming an important part of Cambodia's formal legal system.
Why is Cambodia passing these ADR laws? To understand the appeal of alternative dispute resolution, one must first step back and understand the nature of disputes.
Reference:
1. Alternative Dispute Resolution Cambodia (Book"Page 3, A. What is ADR?")
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