The specificity of the judicial mediation system to settle civil and commercial disputes " A comparative study"

Document Type : Original Article

Author

Lecturer at Misr Higher Institute of Computers and Commerce

Abstract

Judicial mediation is an alternative means of bringing together the points of view between disputants in an existing dispute brought before the court. It is based on a proposal from the judge, after the approval of the opponents, to appoint a different party who will assist the parties to the dispute to reach an amicable solution to the dispute at any stage of the lawsuit. Initiating the mediation process and its procedures is not - in and of itself - an end sought by the parties to the conflict, but rather merely a means for them to end the conflict. This does not prevent the possibility that the mediation process will end without achieving the desired goal and goal, but if the parties’ goal is achieved, They agreed to settle the dispute. The primary goal of resorting to mediation was achieved. The mediation process ends with the signing of a settlement agreement between the parties, and we move to the stage of implementing the agreement. Mediation systems have developed - in general - to become the best and most prestigious alternative means of resolving disputes, so they have gained the attention of the United Nations Committee on International Trade Law (UNCITRAL), as well as the interest of many countries in them. It is usual for international trade contracts to stipulate a clause whereby the parties stipulate that their disputes will be resolved through mediation.

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