Mediation has been one of the traditional dispute resolution mechanisms that has evolved as part of the Cambodian culture and legal system. Although the use of mediation is permitted and is provided for under various laws, there are no uniform procedures for mediation, and the procedures employed may vary depending on the type of dispute and the individual mediator's locality and method of personal preference.
Currently, there are no standalone regulations and regulated procedures focusing on mediation under Cambodia's legal framework. Relevant provisions relating to mediation can be found in various regulations including the Code of Civil Procedures, Labour Law, Land Law and its related regulations, Investment law, Law on Management and Administration of Commune and Sangkat Council, Law on Insurance 2014, etc.
Moreover, under Cambodia's legal framework, there are two types of mediation:
- Mandatory Mediation: under certain regulations (such as the Law on Telecommunications, Trade Union Law, and Land Law), parties are required to go through a mediation process to attempt to resolve the dispute first before filing a lawsuit with a court, except in a criminal case.
- Non-Mandatory Mediation: the regulations provide for the right to refer a dispute to mediation, rather than making it compulsory.
In Cambodia, outside of the statutory context discussed above, mediation has been noticeably promoted under various initiatives undertaken by the Ministry of Justice and relevant institutions including but not limited to the Cambodia Centre for Mediation, the National Commercial Arbitration Centre ("NCAC"), International Finance Corporation, and the Centre for Effective Dispute Resolution.
Cambodia has begun to place increasing attention and endorsement on mediation. In this regard, the General Assembly of NCAC adopted on 18 March 2023 three main documents to allow NCAC to provide mediation services. Those documents are: (i) the Mediation Rules, which set out the procedure and principles for conducting mediation under the auspices of NCAC; (ii) the Code of Conduct for Mediators, which establishes the ethical standards and professional responsibilities for mediators registered with NCAC; and (iii) the Rules on Qualification and Registration of Mediator of National Commercial Arbitration Centre, which specify the criteria and process for becoming a mediator accredited by NCAC.
We can expect that mediation will become even more important as a mode of alternative dispute resolution in the future.
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