Alternate Dispute Resolution Law at Papua New Guinea
Papua New Guinea (PNG) has developed a comprehensive framework for Alternative Dispute Resolution (ADR), encompassing both court-annexed mediation and arbitration. These mechanisms aim to provide efficient, accessible, and culturally appropriate avenues for resolving disputes.
🏛️ Legal Framework
1. National Court Act (Chapter 38) – Amended in 2008
This Act empowers the National Court to order mediation in civil proceedings, either with or without the consent of the parties involved. It also established the Alternative Dispute Resolution Centre in Port Moresby to facilitate mediation services .
2. ADR Rules 2022
The Rules Relating to the Accreditation, Regulation, and Conduct of Mediators (ADR Rules 2022) govern court-annexed mediation. These rules define mediation, outline the accreditation process for mediators, and establish a Code of Professional Conduct. They also specify the circumstances under which mediation may be ordered and the duties of the parties involved )
⚖️ Mediation in Practice
Mandatory Mediation: Mediation is a compulsory step in National Court civil proceedings, unless the Court dispenses with the process.
Accredited Mediators: Mediations are conducted by accredited mediators, including judges, lawyers, and other trained professionals.
Confidentiality: All mediation proceedings are confidential, with strict rules governing the disclosure of information .
⚙️ Arbitration Framework
1. Arbitration Act 1951
Previously, PNG's arbitration framework was governed by the Arbitration Act 1951, which was based on outdated UK legislation.
2. New Arbitration Regime (2024)
In 2024, PNG enacted a dual-track arbitration regime:
International Arbitration Act 2024: Aligns with the UNCITRAL Model Law and implements the New York Convention, facilitating the recognition and enforcement of foreign arbitral awards.
Domestic Arbitration Act 2024: Provides a framework for domestic arbitration, allowing the National Court to refer matters to arbitration and ensuring confidentiality in proceedings
Both Acts aim to modernize PNG's arbitration landscape, attracting foreign investment and enhancing legal certainty .
🏛️ ADR Centre and Training
The Alternative Dispute Resolution Centre in Port Moresby serves as the hub for mediation and arbitration services. It is supported by the PNG ADR Committee and offers training programs to build capacity among legal professionals and the public .
✅ Summary
PNG has established a robust ADR framework that includes:
Court-Annexed Mediation: Mandated in civil cases, conducted by accredited mediators, and governed by the ADR Rules 2022.
Arbitration: Distinguished into domestic and international tracks, with updated legislation aligning with international standards.
ADR Centre: A central institution providing mediation and arbitration services, along with training opportunities.
These developments aim to provide efficient, accessible, and culturally appropriate avenues for resolving disputes in PNG.
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