طبيعة الوساطة القضائية و مشروعيتها في تسوية المنازعات المدنية : دراسة مقارنة

الملخص EN

Judicial mediation has received considerable attention from researchers and practitioners in the field of justice.

It is recently adopted as an alternative solution within both Western and Arab laws.

We observed in the Iraqi law that such a new mechanism for resolving disputes is not explicitly regulated in a specific legislation.

That’s why the research tried to focus on the nature of this mechanism and its legality under the Iraqi law, including the Kurdistan Region.

So the research answers number of questions related to the subject.

In this sake two main approaches are adopted: the analytical and comparative approach.

While the research plan containing two main sections: The first one is about the legal nature of judicial mediation, while the second one is relates to the legality of judicial mediation.

Finally the research arrived to a number of conclusions and proposals as well.