Legal Regulation of Mediation as Alternative Means for Dispute Settlement " A comparative analysis Study "

Abstract

Refuge becomes as   means of alternative dispute resolution at the present time, it is a urgency matter to meet the evolving requirements of life, and that the courts are no longer able to face this phenomena individually. With the continued development of trade and services, and the resulting complexity of the transactions, and the need for speed and efficiency in adjudicating disputes, and specialized by how looks of these disputes or contribute to solve, Which has necessitated the deepening of studies on the mechanisms and texts and exceed the classical concepts of justice and expansion perspective for it to take a new dimension to respond to the frequent  rises in the number of cases and the available means to resolve them , and think of alternative means to resolve disputes , because the reality of the judiciary became suffers from constraints and problems related with a lot of issues and a lack of resources financial and human efficient and specialization.In order to minimize or reduce these shortcomings, it has been resorting to alternative methods for the elimination of settling disputes, such as mediation and conciliation and arbitration.Mediation, in fact, it is only a new legal regime appeared as a result of changing the concept of peoples to social justice, and aims to resolve the disputes and to achieve harmony between the conflicting parties in a non- traditional is characterized by flexibility and speed in deciding and maintain confidentiality in addition to the participation of the parties in finding solutions to their disputes. The subject of the legal nature of the mediation considers as an  issues that have not spread dramatically in the arbitration as is the case for that show several questions on the subject and is what is the legal nature r? What are any technical means by which it can end the conflict by mediation and the original claim disputed where? Is that mediation resolved the conflict by moving the disputed rights, or do you have an impact carrier? Or if the role is limited to the disclosure of these rights.  This is because the termination of the mediation to accept the parties of the conflict recommendation by the mediator and signed with the mediator to end the conflict , so  the final decision of the Executive has a  force after ratification of the judiciary, and therefore the mediator 's recommendation becomes obligated  for both sides , and that means that the mediation impact essentially is to end the dispute  and spare rivalry on the one hand and it owns what is result  for mediation on the other hand.Accordingly, the  mediator  work for the disputed rights of the detector to the right doesn't  have origin, but for mediation instead he conveyor it , so should be noted that there is no agreement among legal scholars about determining the legal nature of the mediation , so there is more than one opinion , because of the legal bases , the reasoning juristic , philosophical and their justifications  about the nature of mediation and on this basis we discussed the legal nature of the mediation in the first two chapters we specialized one  to talk about mediation in general terms and we divided for  two sections: The first section: the concept of mediation and its stagesThe second section: The advantages of mediation and distinguish between mediation and some have similar systemsThe second chapter we concentrated o indicate the legal nature of mediation and in three sections:First: the legal nature of mediation in generalSecond: Nature revealer for mediationThird: Nature transferring the mediation