Impartiality and independance of out of court mediators: a study of mediators for economic disputes resolution center of Lao people's democratic republic
Abstract:
This research aims to study the impartiality and independence of out-of-court mediator by specific studying on mediator in Economic Dispute Resolution Center of Lao peoples Democratic Republic. It looks at history, theories and principle of impartiality and independence of the out-of- court mediator. The paper studies and compares impartiality and independence of arbitrator and judge principle in Lao PDR and Thailand. Besides that, it also studies from Great Britain, United of America, France, Japan and Singapore in order to compare and determine the feasibility to adapting the rule of law into Lao law and become universal. Mediation is a way of resolving disputes using a third party to be impartiality of the settlement. It is flexible, time saving and cost effective if compare to the other ways of resolving disputes. Nowadays, economic problem is the main problem in business internally. Therefore, businessmen do not wish to spend a lot of time resolving disputes. However, the most importance part of mediation is to ensure the fairness for both parties and the satisfactory outcome of mediation.
Law on Mediation has been existed in the Lao PDR for a period of time. However, the rule of law on impartiality and independence of mediator is unclearly and it creates the confusing in performing impartiality duty for mediator. As a result, the parties do not accept or implement the
outcomes in whichit leads to unsuccessful dispute settlement.