Mediation and conciliation : differences and similarities and the way of using them in the UK and Iran

Abstract EN

Investigate and general comparing of alternative dispute resolution (ADR) methods in Iranian legal system and the UK are the first aims of this thesis.

explaining some of the most popular methods of ADR, especially mediation and conciliation are the second goal.

there might be similarities and differences between both of the legal systems as they are in a different place and they have different legal system as well.

since, Iranian law is referring to civil law and the UK laws refer to common law.

using ADR methods are in high level in the UK as these methods are going to be used in a compulsory way of fulfillment.

while, utilizing methods of ADR in Iran have not been used much.

this might make some negative and positive sides for both of the systems of law.

as, some new kinds of problems could be made because of a great amount of communication locally and universally among the countries.

both of the determined countries might look for the other alternatives in order to solve the present and future coming up disputes.

the rate of the disputes are increasing globally not only domestics and, that makes massive problems for the courts to recover all disputes.

thus, in terms of applying ADR systems, especially mediation and conciliation in Iran and in the UK might need a good grounds and perfect evaluation.

in Iran, some alternatives are there which parties might depend on when they have a problem such as Musalaha and sharia.

third person who is making the decision is usually belong to the religions, custom and culture rather than the law.

since, ADR forms are working well in the UK and in the most of the countries where using ADR forms, therefore it will be good for countries as such Iran to quote their experience regarding to resolve their domestic and international problems by ADR methods.

hence, as ADR forms are not been used properly in Iranian legal law and they relied on sharia, Solh, and culture to solve problems.

some ideas have been summarized to explain the most suitable system for applying ADR in Iran.

finally, some recommendations and the UK experiences have been explained in this paper to, in order to propose proper ground for ADR methods.