Mediation in Cambodia

Quick Facts

• Legal Framework: Cambodia has developed an Alternative Dispute Resolution system. Negotiation is the most common form of ADR in Cambodia, allowed under Cambodian Law including Article 20 of the Cambodian Investment La...
• Cultural Approach: Cambodia's cultural approach to ADR reflects its civil law heritage and post-conflict context. Negotiation is the most common form of ADR, suggesting cultural preference for direct resolution. The est...
• Typical Costs: The NCAC determines fee structures for commercial arbitration and mediation. The Arbitration Council may have fee structures for labor dispute resolution. The emphasis on ADR as important way to resol...

Mediation Research

Legal Framework

Cambodia has developed an Alternative Dispute Resolution system. Negotiation is the most common form of ADR in Cambodia, allowed under Cambodian Law including Article 20 of the Cambodian Investment Law for investment disputes. The National Commercial Arbitration Centre (NCAC) handles commercial disputes through arbitration and mediation. The Arbitration Council resolves labor disputes. A National Authority for Alternative Dispute Resolution (NADR) has been established. Cambodia follows civil law traditions.

Court System

Cambodia's court system operates under civil law principles. The NCAC provides arbitration and mediation outside the court system for commercial disputes. The Arbitration Council resolves labor disputes independently. The relationship between courts and ADR is based on civil law principles. Courts may recognise and enforce arbitral awards. The establishment of NADR indicates court-ADR cooperation.

Mediator Regulations

The NCAC maintains professional standards for mediators and arbitrators in commercial disputes. The Arbitration Council has its own mediator standards for labor disputes. The establishment of NADR suggests national framework for mediator regulation. Professional training programs are available through NCAC and other institutions. Specific licensing requirements are determined by national regulations.

Cultural Approach

Cambodia's cultural approach to ADR reflects its civil law heritage and post-conflict context. Negotiation is the most common form of ADR, suggesting cultural preference for direct resolution. The establishment of NCAC and NADR indicates institutional commitment to ADR. The labor dispute resolution through Arbitration Council suggests cultural acceptance of structured ADR.

Typical Costs

The NCAC determines fee structures for commercial arbitration and mediation. The Arbitration Council may have fee structures for labor dispute resolution. The emphasis on ADR as important way to resolve disputes suggests cost-effectiveness. Costs are typically shared between parties unless otherwise agreed. NADR may provide guidelines for cost allocation.

States and Regions