Doha: Academics and legal experts have affirmed the importance of judicial mediation as one of the most prominent and effective modern mechanisms for resolving civil and commercial disputes and achieving swift justice. They stressed the necessity of ensuring that expediting dispute resolution does not compromise the quality of judgments or the guarantees of judicial fairness.
According to Qatar News Agency, this came during a roundtable discussion on judicial mediation, organized by the Arab Center for Legal and Judicial Research - the scientific arm of the Council of Arab Ministers of Justice - in cooperation with the Center for Legal Studies at the Ministry of Justice, on the sidelines of the Doha Law Forum.
Participants in the roundtable emphasized that the world is witnessing rapid transformations in the social, legal, economic, and political spheres, amidst unprecedented developments in information and technology. This necessitates that legal systems keep pace with these transformations by adopting modern policies and frameworks that enhance international cooperation and support alternative dispute resolution mechanisms, foremost among them judicial mediation.
They explained that these mechanisms contribute to easing the burden on the judiciary and provide disputing parties with greater scope for reaching agreements and more effective and sustainable solutions. They noted that keeping pace with these developments requires strengthening the principles of transparency and integrity, providing fair legal and procedural guarantees, and building a legal and cultural environment that supports the rule of law.
Participants highlighted the legal framework for judicial mediation in the State of Qatar, pointing to Law No. (20) of 2021 concerning mediation in the settlement of civil and commercial disputes. This law regulates the types of mediation, both contractual and judicial, and clarifies their scope of application and the role of the mediator, whether a natural or legal person.
They reviewed several Arab laws in the field of judicial mediation, noting the varying levels of codification among Arab countries and the existence of draft laws under consideration in some other countries. They called for the development of a model Arab mediation law that would provide a unified framework for Arab states, whether those that have not yet adopted specific legislation on mediation or those that have already done so. This would contribute to unifying general principles and strengthening confidence in dispute resolution mechanisms.
Participants explained that modern justice is no longer measured solely by the soundness of a judicial ruling, but also by the speed of resolution, the cost of the dispute, and the effectiveness of the judicial system in ending the conflict. They pointed out that codifying judicial mediation and subjecting it to judicial oversight in modern models gives its outcomes legally binding force, which can only be challenged in exceptional circumstances.
Participants in the roundtable discussion expressed their gratitude to the State of Qatar for organizing this important forum, which constitutes a leading international platform for promoting legal dialogue and the exchange of expertise among specialists and decision-makers at the regional and global levels. This contributes to consolidating the principles of the rule of law and strengthening international legal cooperation.