Mediation is an alternative mean for judicial lawsuit: A comparative study
Section: RESEARCH
Abstract
The surge in interpersonal conflicts has inundated the judiciary with an overwhelming caseload, impeding its ability to expeditiously adjudicate disputes. Consequently, it is imperative to acknowledge that the judiciary should not bear the sole responsibility for dispute resolution. Supplemental mechanisms, such as mediation, have gained prominence for their amicable approach. Recognizing this need, many countries, including Iraq, have enacted national legislation to endorse mediation as a complementary avenue for resolving disputes. However, the Iraqi Civil Procedure Law No. (83) of 1969, despite amending the mediation system, falls short in delineating mediation as a conciliatory tool for civil dispute resolution. It sporadically references mediation in various laws, providing only cursory coverage without a comprehensive exploration of its multifaceted nature.
References
- Abbas Al-Aboudi, Explanation of the Provisions of the Civil Evidence Law, Dar Al- Thaqafa, Amman, 2020.
- Abbas Muhammad Al-Majidi, Judicial Mediation as a Way to Resolve Conflicts, Dar Al-Jamaa Al- jadeda, Alexandria, 2019.
- Abdel Basset Abdel Mohsen, The Role of Mediation in Settlement of Collective Labor Disputes, Dar Al Nahda Al Arabiya, Cairo, 2000.
- Abdel Basset Jassim Muhammad,Conflict of International Jurisdiction in Electronic Commercial Transactions, Al-Halabi Legal Publications, Beirut, 2014.
- Abdel Razzaq Ahmed Al-Sanhouri, Al-Waseet in Explanation of the New Civil Law, Part 3, Manshaat Al-Maarif, Alexandria, 2007.
- Abdul Sattar Ahmed Majeed, distinguishing commercial arbitration from the judiciary and its legal nature, research published in the Journal of the College of Law for Legal and Political Sciences, College of Law and Political Sciences, University of Kirkuk, Volume 10, Issue 38, 2021.
- Abu Al-Khair Abdel-Azim, Mediation in Dispute Settlement is a Practical Alternative to Overcoming Litigation Problems, 1st edition, National Center for Legal Publications, Egypt, 2017.
- Adam Wahib Al-Nada,Civil Procedures, Dar Ibn Al-Atheer for Printing and Publishing, University of Mosul, 2019.
- Adam Wahib Al-Nadawi, Civil Procedures, Dar Ibn Al-Atheer for Printing and Publishing, University of Mosul, 2012.
- Ahmed Abdel Karim Salama, Arbitration and Friendly Systems for Resolving Intellectual Property Disputes, Dar Al Nahda Al Arabiya, Cairo, 2017.
- Ahmed Al- Qatawneh, Walid Kafakreeh,Civil Case Administration, 1st edition, Al- Dustour Press, Amman, 2003.
- Ahmed Hindi, Arbitration - A Procedural Study, Dar Al-Jamaa Al- jadeda, Alexandria, 2016.
- Ahmed Samir Al-Sufi, reviewing judgments without appeals, research published in the Journal of the College of Law for Legal and Political Sciences, College of Law and Political Sciences, University of Kirkuk, 2015.
- Al-Ansari Sun Al-Nidani, Judicial Conciliation, Dar Al-Jamaa Al- jadeda, Alexandria, 2009.
- Al-Khalil Ibn Ahmad Al-Farahidi, Kitab Al-Ayn, 1st edition, Lebanon Library, Beirut, without year of publication.
- Al-Saeed Muhammad Al-Azmari, The End of the Dispute Without Arbitration, 1st edition, Al-Hadith University Office, Egypt, 2007.
- Alaa Aba Rayyan, Alternative Means of Resolving Commercial Disputes, Al-Halabi Legal Publications, Beirut, 2008.
- Algerian
- Ali Al-Sayyid Muhammad Hussein,Mediation is one of the alternative means for resolving trade and investment disputes, Dar Al-Jamaa Al- jadeda, Alexandria, 2021.
- Ali Mahmoud Al-Rashdan, Mediation to Resolve Civil Disputes, 1st edition, Al-Halabi Legal Publications, Beirut, 2019.
- Ashour Mabrouk, Towards an Attempt to Reconcile Adversaries, Dar Al-Nahda Al-Arabiya, Cairo, 2002.
- Ashraf Ramadan Abdel Hamid, Criminal Mediation and its Role in Ending the Public Lawsuit, without Publishing House, 2004.
- Azad Shukur Saleh,Alternative Means for Settlement of International Investment Contract Disputes, 1st edition, Modern Book Foundation, no place of publication, 2016.
- Bahraini
- Bassam Nahar Jabour, Judicial Mediation in Islamic Sharia and Law, Dar Al- Thaqafa, Jordan, without year of publication.
- Dalila Jalloul,Judicial Mediation in Civil and Administrative Cases, Dar Al-Huda, Algeria, 2012.
- Egyptian
- Ibn Manzur, Lisan al-Arab, vol. 7, Dar al-Kutub al-Ilmiyyah, Beirut, 2003.
- Ibrahim Hazza Salim, Commercial Mediation as an Alternative Solution in Commercial Disputes, research published in the Journal of the College of Law for Legal and Political Sciences, College of Law and Political Sciences, University of Kirkuk, Issue 32, 2020.
- Imad Khalaf Al-Daham, Dr. Ahmed Samir Yassin, the role of the civil judge in conciliation and its legal effects, research published in the Journal of the College of Law for Legal and Political Sciences, College of Law and Political Sciences, University of Kirkuk, Volume 6, Issue 21, 2017.
- Iman Mansour and Sherif Eid,Mediation and the Art of Negotiation, Dar Al Nahda Al Arabiya, Cairo, 2017.
- Iraqi
- Jordanian
- Khadija Ben Magrouzi, The Role of Mediation in Resolving International Conflicts, Masters Thesis, College of Law and Political Science, Mohamed Kheidar University of Biskra, 2022.
- Khairy Abdel Fattah,Mediation as an Alternative Means for Resolving Civil and Commercial Disputes, 2nd edition, Dar Al Nahda Al Arabiya, Cairo, 2012.
- Khaled Mamdouh Ibrahim, Electronic Arbitration in International Trade Contracts, 1st edition, Dar Al-Fikr Al-Jamai, Alexandria, 2009.
- Khitam Abdul Hassan Shanan, Dr. Hassan Ali Kazem, electronic mediation as a means of settling disputes, research published in the Journal of the Islamic University College, Najaf Al-Ashraf, Issue (50), Part 1, 2018.
- Mahmoud Muhammad Al-Kilani,Mediation and Arbitration in Settlement of Civil and Commercial Disputes, 2nd edition, Dar Al- Thaqafa, Amman, 2022.
- Majd al-Din Muhammad bin Yaqoub Al-Fayrouzabadi, Al-Qamoos al-Muhit, 8th edition, Al-Resala Foundation, without a place of publication, 2005.
- Moataz Hamdan Badr,Mediation and its Role in Settlement of International Trade Disputes, Dar Al-Jamaa Al- jadeda, Egypt, 2018.
- Muhammad Ali Abdel-Rida, Yasser Atiwi Abboud, mediation in resolving disputes by peaceful means in Iraqi legislation, research published in Resalat al-Huqouk magazine, College of Law, University of Karbala, Issue (2), 2015.
- Muhammad Ali Al-Souri, Comparative Commentary on Articles of the Evidence Law, Part 3, 2nd Edition, Legal Library, Baghdad, 2011.
- Muhammad Saad El-Din, The Legal Nature of the Criminal Mediation Agreement, research published in Voice of Law magazine, Issue (5), 2016.
- Mustafa Al-Metwally Qandil, The Role of Parties in Settlement of Contractual Disputes, Dar Al-Jamaa Al- jadeda, Alexandria, 2005.
- Nael Ali Al-Masada, The Impact of Successful Mediation on the Civil Case, research published in the Journal of Legal and Economic Research, College of Law, Mansoura University, Issue (10), 2020.
- Rula Saleh Ahmed, The Role of the Private Mediator in Resolving Civil Disputes, Masters Thesis, College of Law, Middle East University, 2009.
- Saad Salem Md.,Abolition of the arbitrators ruling - its extent and effects, Dar Al-Jamaa Al- jadeda, Alexandria, 2017.
- Sabah Ahmed Nader, The legal organization of criminal mediation and the possibility of its application in Iraqi law, research submitted to the Judicial Council of the Kurdistan Province - Erbil Misdemeanor Court, 2014.
- Safaa Mahmoud Al-Suwailameen, Dr. Ahmed Al-Dalaeen, Judicial mediation as an alternative means of resolving administrative disputes, research published in the Kuwait International College of Law Journal, Issue (37), 2021.
- Shorouq Abbas Fadel,The Legal System of Mediation, 1st edition, Library of Law and Judiciary, Baghdad, 2017.
- Tara Saeed Abdullah, Arbitration in Civil and Sharia Disputes, Masters Thesis, College of Law, Saladin University, 2005.
- Wafaa Helmy Al-Saeed, Procedural Obligation to Mediate Civil and Commercial Disputes, research published in the Journal of Sharia and Law, College of Sharia and Law, Al-Azhar University, Issue 37, 2021.
- Youssef Nasser Hamad, Settlement of Disputes Arising from Bot Contracts, Masters Thesis, College of Law, Middle East University, 2011.
- Zainab Wahid Dahham,Alternative Means to the Judiciary, National Center for Legal Publications, Cairo, 2017.