A Comparative Study on ADR in Japan and Cambodia.

      Аннотация: ADR is a systematic approach to resolving conflicts at less time and cost, and with greater certainty. ADR provides not only better justice in the society, if it is used appropriately, but also makes possible contribution to economic development as well as social harmonization and stability. In Cambodia, various ADR mechanisms has been established in both public and private spheres. However, the development and implementation of the system is still at a crossroads and faces an array of challenges in relation to independence, qualifications of ADR practitioners, legal framework, and other models and methods. This book will identify practices in which the Japanese system demonstrates advantages over the Cambodian system and vice versa. Each system is therefore able to learn from the other, added to which is the fact that the two countries have the same legal family and share similarities in culture and social structures. The ADR system is a priority for justice in Cambodia while the formal justice seems not work well.

Ключевые слова: ADR, arbitration, Conciliation, legal framework, Mediation, negotiation, compromise, institutional independence, ADR model, ADR practitioner, court-annexed, court-connected, dispute resolution.