Mediation to Resolve Civil Disputes
Mediation is among methods of alternative solutions to resolve civil disputes adopted by Jordan in line with the orientations of strategy of developing Jordanian judiciary for years (2004- 2006), in order to shorten the time, effort and expenses, and to contribute to creating an attractive and competitive investment environment in pace with the great development witnessed by the Kingdom in all life fields.
The first Department of Mediation was officially inaugurated at Amman Court of First Instance on 01/06/2006 as a first step for the development of similar departments in the remaining Kingdom courts, in order to apply the law of mediation to resolve civil disputes No. (21) of 2006.
principle of mediation is summarized as neutral person with experience, competence and
integrity employs his/her developed skills in managing negotiations, and through a set of confidential procedures to assist the disputing parties to converge views, to settle their disputes amicably based on consensus and compromise away from the litigation procedures, and in order to achieve the following features :
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Ensure confidentiality and privacy
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Limited costs compared to litigation or arbitral procedures
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Achieve interests of litigating parties
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Maintain the friendly relationship between the adversaries
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Reaching innovative and creative solutions
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Not bearing the lowest degree of risk, where the adversaries are free to nullify any proposal offered during the mediation sessions unless the same is written
Types of mediation:
- Judicial mediation: takes place through the First Instance and Magistrate judges, who are selected by the President of the Court of First Instance to undertake this task, and are called (mediation judges).
- Private Mediation: carried out through retired judges, lawyers, professionals and other competent persons who are known for their impartiality and integrity, designated by the President of the Judicial Council, upon recommendation of the Minister of Justice, and are called (private mediators).
- Agreed mediation: carried out through a mediator agreed upon by the disputing parties.
Terms of mediation:
- Attendance of the disputing parties: the disputing parties and legal agents thereof shall attend the mediation sessions as the case, and if a party was a legal personality (company, institution, association ...) a person authorized by such legal personality shall attend the dispute settlement without the legal agents.
- Confidentiality: mediation procedures may not be objected and concessions made by the disputing parties may not be stated before any court or authority whatsoever.
- Mediator ends the mediation tasks within three months as of the date of dispute’s referral thereto.
- Inadmissibility of mediation judge to hear subject of a claim which was previously referred thereto through mediation. Otherwise, the same is null and void.
Mediation procedures:
- Refer the claim to the mediation judge: where the claim is fully referred thereto. Such judge may assign adversaries to submit summarized briefs of statements thereof, the most important data and evidence on which they reply on.
- If the referral is to private mediator, the claim shall not be referred thereto. The disputing parties shall within fifteen days as of referral to submit summarized briefs of statements thereof, the most important data and evidence and without the need to exchange such briefs and documents among the same.
- Setting hearing date and notifying the same to the disputing parties or legal representatives thereof.
- Attendance of the disputing parties and agents thereof to the mediation session for hearing and deliberation. The mediator is entitled meet each party separately.
- The mediator is entitled to take the appropriate procedures regarding converging views and facilitating the mediation procedures such as expressing opinion, assessing evidence, and reviewing legal grounds and judicial precedents.
Results of Mediation:
When a mediator is able to settle the dispute wholly or partially and the following results in:
The disputing parties sign settlement agreement.
The same is reported to the Civil Claim Department Judge or Magistrate Judge.
Civil Claim Department Judge or Magistrate Judge issues a decision approving the settlement agreement, where the same deems as final unappealable judgment and enforceable by the competent execution departments.
Recovery of fees; the plaintiff is entitled to recover half the fees if the mediation is judicial or private, and to recover the whole fees if the mediation is agreement.
Failure of mediation:
The mediator is unable to settle the dispute wholly or partially within the legal period (three months), whether because of the arrival of the negotiations to a dead end, or as a result of the absence of adversaries who did not follow the mediation procedures, which results in:
Submitting a report to Civil Claim Department Judge or Magistrate Judge regarding not reaching a settlement, with stating the commitment of each party and agents thereof in the presence of and following-up the mediation procedures.
In case of mediation’s failure due to the absence of any of the adversaries from sessions, Civil Claim Department Judge or Magistrate Judge may impose a fine of at least one hundred dinars and at most five hundred dinars in conciliation cases, or a fine of at least two hundred dinars and at most one thousand dinars in First Instance cases.
Mediator Fees:
Judicial mediator shall not receive any fees from the disputing parties.
Private mediator shall receive fees in case of the mediation’s success equivalent to the judicial fees paid by the plaintiff with minimum of three hundred dinars. If the amount is less that the same, both parties shall jointly pay the difference in equal amounts.
Private mediator in case of the mediation’s failure, shall receive fees determined by Civil Claim Department Judge not exceeding two hundred Dinars which shall be paid by the plaintiff, where such amount is among the claim’s expenses.
The mediator appointed by the disputing parties determines the fees thereof by agreeing with such parties regarding the same.