الوسيط القضائي في ظل قانون الإجراءات المدنية و الإدارية الجزائري

الملخص EN

Mediation is one of the alternative methods for disputes settlement.

It was known since ancient times by humanity and adopted in Islamic jurisprudence after some modifications.

It has evolved to become an urgent necessity in the present time, to meet the evolved requirements of litigating in which the courts become unable to handle it.

Under the law no.

08/09 of 25/04/2008 including the Civil and Administrative Act, the Algerian legislator treated the subject of mediation which is based on dialogue and negotiation between parties of the conflict through a neutral third person called the mediator.

Mediator’s main task is to find a solution that suits the two parties to the conflict, which is similar to Commissioner of State system.

However, the mediator does not have judge status, but he performs an exceptional job as an alternative to the judge’s job in resolving disputes by summoning the litigants to attend to the mediation sessions secretly before the trial session.

This study aims to cover the procedural aspects of the mediation system as an alternative solution to resolve civil and administrative disputes in accordance with the Algerian law, in the aim of highlighting how far the legislator ensured this system.