Mediation is an alternative mean for judicial lawsuit: A comparative study

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.

Keywords

• (mediation,,
• ,،dispute settlement,,
• ,،alternative method,,
• ,،mediator,,
• ,،settlement agreement)