The Ministry of Justice is setting up a mediation training team to be made up of specialists from state institutions as well as national and international civil society organisations (CSOs).
The team will then offer training to officials at the local level in how to implement dispute resolution mechanisms to resolve disputes outside of the courts.
Ministry spokesman Chin Malin said on April 4 that the plan was hatched following a discussion on April 2 at the fourth consultative workshop via video conference with representatives from development partners and more than 40 local and international CSOs.
“We’ve already had some volunteers. We plan to recruit eight to 10 mediators from the justice ministry, government institutions and other interested parties who are skilled in mediation and are recognised at home and abroad,” he said.
The mediation training team will prepare lesson plans, outline teaching methods and write operational rules in advance of when the legal framework and policies are officially announced.
Malin said that community mediation was a part of the justice ministry’s reform strategies that aim to clear the backlog of court cases in Phnom Penh and the provinces by year’s end.
The mediation mechanisms would also continue as a long-term policy to prevent a reoccurrence of backlogged court cases and to increase community harmony at the local level.
Am Sam Ath, deputy director for rights group Licadho, said that in the past Cambodia had justice centres in some districts and towns where disputes could be mediated and solved outside the courts, but he noted that it did not seem to help reduce the number of court cases.
He said if the ministry’s plan works, it could reduce the court case backlog and also decrease instances of revenge between disputants and general discord from those holding grudges.
“As the mechanism is just being set up, we must wait and see the results and its efficiency. Most importantly, those who mediate disputes must take a training course and understand the context of the disputes they mediate in advance. And they must settle them in an independent and impartial manner,” he said.
Oxfam Cambodia head of programme Phean Sophoan said the organisation supported the initiative led by the justice ministry, saying it should draw from national and international expertise to inform the overall concept with an inclusive consultation process.
“The establishment of a pool of expertise in mediation is very important as it helps strengthen and enhance the quality of mediation available for a system of alternative dispute resolution,” she said.
Sophoan said Oxfam is exploring opportunities to continue working with the justice ministry and other relevant institutions to help pilot the use of alternative dispute resolution in land and natural resources conflicts.