الوساطة القضائية كبديل لحل المنازعات المدنية

Abstract EN

Mediation is one of the alternative means of resolving disputes because it is based on a legislative text that regulates it.

It is one of the judicial procedures, but it is consensual, which aims at finding solutions to the dispute.

Before mediation is a legal means, it is a social phenomenon that has contributed to the resolution of conflicts over historical periods.

It has moved from its social sphere to its legal sphere through its legislative consolidation and judicial development.

And has contributed to reducing the crisis of justice at all levels by developing solutions to resolve crucial issues that have remained in place in the judiciary, and did not address them effectively, in addition to reducing the burden of the judiciary and to maintain confidentiality rather than follow the procedures of public litigation.

The mediation in Algeria has been regulated by procedural law for several reasons.

Therefore, it was necessary to seek a participatory, participatory justice in which the conflicting parties would contribute by adopting mediation to resolve their disputes and to avoid any fear of impartiality or impartiality.