الالتزام الإجرائى بالوساطة في المنازعات المدنية و التجارية وفقا للمرسوم التشريعي رقم 1333 لسنة 2019 المعدل لبعض أحكام قانون المرافعات الفرنسي

الملخص EN

The mediation is an alternative way to the state's judiciary, and it aims to maintain the relations between the litigants through the intervention of a neutral and independent third person called the mediator in order to facilitate exchange and communication between the parties and encourage them to adopt a joint solution that they choose themselves and freely.

The mediation is divided into two types, the first type is a consensual mediation, and the second type is a judicial mediation, and the law, whether at the international or national level, regulates the conditions of the mediator, and his fundamental obligations towards the parties of the dispute.

Also, this study deals with the procedures of the conduct of mediation, such as the procedure of communication between the mediator and the litigants, the investigation procedures by the mediator, and the time for mediation According to the French Procedure Code, and its latest amendments issued by Legislative Decree No.

1333 of 2019.

Finally, this study deals with the termination of mediation, whether the agreement or the judicial termination, and the implications of this termination, especially if the mediation succeeds in the amicable termination of the dispute.