الوساطة الأسرية و مبررات تقنينها ضمن قانون الأسرة الجزائري

الملخص EN

In recent decades, the question of alternative means of resolving disputes before the courts has become of great importance.

These alternatives have become urgent in order to keep pace with developments in the Algerian Family Code in order to maintain its highest objectives in establishing a solid foundation for the Algerian family by, on the one hand, reforming and reforming its structure and ensuring the rights and interests of its parties; in order to safeguard the rights and interests of the parties, the family mediation mechanism should be legalized as a new procedural framework for resolving many family disputes in the context of demographic expansion and marked social change, in keeping with the enormous amount of family disputes before the Personal Status Court, and in view of the fact that the family media is distinct from other alternative methods and provides flexibility, confidentiality, privacy of the conflict and a solution that satisfies the parties of the conflict without resorting to the court, and with a reduced burden on the judiciary and litigants.

The Algerian legislature, through article 56 of the Family Code, refers to the need for arbitration, which is consistent with the purposes and procedures of family mediation.

The Algerian legislature has opened the door to the Family Court to take whatever it deems appropriate and necessary for the reform of the same rights between the spouses.

This provides practical indicators for the implementation of the means of mediation in the area of family justice and the strengthening of its mechanisms through the intervention of the family and the judge.