قبول الوساطة و الدفع بعدم القبول : دراسة في ضوء الفقه و القضاء الأنجلو أمريكي

الملخص EN

The present study examines the issues of accepting mediation and proving mediation inadmissibility in the light of Anglo-American Jurisprudence and Case Law.

In the first part, the main concern is to investigate a set of legal precedents by using an analytical and comparative approach.

The purpose is to clarify the conditions for accepting mediation and the impact of this acceptance on litigation, along with the ensuing legal right to stick to the mediation clause to settle the dispute, and to prove case or mediation inadmissibility.

In the second part, the reasons why courts held that mediation is inadmissible are brought under close scrutiny.

This point is of great importance in understanding the admissibility requirements and so the key factors that determine the success of the mediation efforts in resolving the conflict between the litigants from its inception by reaching an amicable settlement .