Professional Documents
Culture Documents
Adr
Adr
Out-of-Court Arbitration
FORMS:
ad hoc arbitration- proceedings will be
Out-of-Court Mediation
parties agree to use a neutral mediator to settle a dispute
MYANMAR
Arbitration agreement
a written agreement to submit present or future differences to
Prevailing attitudes
In Myanmar, dispute resolution is handled
waves of change
The New York Convention
Draft Arbitration Bill 2014
Draft Myanmar Investment Law 2015
LAOS
LAOS
ADR includes:
Informal tribunals
informal meditative processes
formal tribunals - arbitration and private
judges
formal meditative processes- referral for
mediation before a court appointed mediator
or mediation panel
Legislation
The Penal Law 2005;
resolution,
Challenges
The criminal justice system has little
experience in dealing with dispute..
Lack of funding, equipment and facilities is one
of the difficulties in delaying the case.
People are not willing to take legal action
The majority of dispute occurs in remote
areas. It is difficult to follow up.
the specific office to resolve the dispute is not
yet to establish at local level
SINGAPORE
Singapore is now recognised as the leading
Mediation
involves a neutral third party facilitating discussion
Neutral evaluation
In contrast with mediation, neutral evaluation
results in a non-binding determination of the
disputing parties legal rights. A case
undergoing neutral evaluation at the PDRC will
be heard before a Judge who will give a nonbinding evaluation of the strengths and
weaknesses of the case. Parties would then be
better able to assess their position and
consider a negotiated settlement
LSAS arbitration
binding determination of the disputing parties
2. Community Mediation
Community Mediation Centres Act provided for the
3. Private Commercial
Mediation
conducted under the auspices of the
PHILIPPINES
Barangay Justice System where people living in the same
Process of Mediation
1.PRE-MEDIATION STAGE
the location and the physical setting of the
2 MEDIATION STAGE
establishing rapport is advocated by all
mediation approaches
some time for small talk is advised
Upon initial contact with other people,
Filipinos usually undergo this process to avoid
offending them
data collection prior to mediation is
recommended
ground rules should be established in order to
facilitate the flow of the process
3 POST-MEDIATION STAGE
it should be written and that monitoring