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Alternative Dispute Resolution (ADR), including mediation and arbitration, is a rapidly evolving area of law in Yangon, Myanmar. ADR provides an alternative to traditional court processes, with the aim to be quicker and more cost-effective. Mediation involves negotiating a mutually acceptable resolution, whilst arbitration involves an independent third party making a binding decision on the parties involved.
You may require a lawyer in the field of ADR Mediation & Arbitration for a variety of reasons, primarily if you're involved in a dispute which you're unable to resolve amicably. Lawyers can guide you through the technical legal systems, ensure your legal rights are protected, and give you the best chance of achieving a favourable outcome. They have expert knowledge of the process and can aid in drafting or reviewing settlement agreements.
In Myanmar, the principal law governing ADR is the Arbitration Law of 2016. This law allows local and foreign businesses to solve their disputes in a more efficient and cost-effective manner. It sets out the requirements and procedures for arbitration while providing for the application of foreign arbitral awards. For mediation, there's currently no specific mediation law; however, there's a Draft Mediation Law which is set to provide a regulatory framework for mediation in the near future.
The outcome of arbitration is usually a binding decision made by the arbitrator, which should be followed by the parties involved. However, in some cases, the parties may appeal to the court to set aside the arbitral award.
The length of the ADR process varies based on the complexity of the case and availability of parties involved. It could range from a few weeks to several months.
Yes, you are allowed to represent yourself; however, due to the complex nature of the ADR process, it's advisable to hire a professional lawyer with experience in ADR.
Yes, one of the key features of ADR is that it's private and confidential. This allows for a more open and honest discussion during the resolution process.
Almost any type of case can be mediated or arbitrated, including commercial disputes, family law, and labor relations, amongst others. The key requirement is the willingness of both parties to resolve the issue amicably.
The Myanmar National Committee of the International Chamber of Commerce (ICC) provides resources and advice about ADR. Additionally, the Yangon Branch of the Myanmar Bar Association can provide legal support and resources for those involved in ADR proceedings.
If you need legal assistance in ADR Mediation & Arbitration, the first step is to get in touch with a qualified and experienced lawyer. They can guide you through the process, help you understand your rights, and represent you effectively. It's advisable to choose a lawyer who has expertise in the field of the dispute to ensure the best possible outcome.
