الوساطة و منازعات حوكمة الشركات

Abstract EN

Disputes related to corporate governance are inevitable, as they relate to the rights of minority shareholders or conflict of interests between the members of the board of directors of the concerned company, or they may be related to their remuneration, annual reports on the company's activity and financial status, or the company's balance sheet and profits or losses.

In the event that a dispute arises, confrontations will occur, whether between the members of the Board of Directors themselves or between them and the company's shareholders, and it may happen that a lawsuit or lawsuits regarding these disputes may be filed before the courts, and in such cases the company's reputation will be negatively affected, and it may also affect its operations and the ability of its board of directors making important decisions.

In many cases, these disputes may affect the price of the company's shares, and consequently, these disputes may result in the company's termination and liquidation.

In this regard, the question arises about the importance of using mediation as an effective method for settling disputes related to corporate governance due to the advantages of this mechanism.

Mediation - as an alternative mechanism for settling commercial disputes - is an easy way that bypasses the long procedures and complications associated with resorting to the courts.

It is also characterized by being a civilized way of settling disputes between the parties through effective positive dialogue that is not tainted by quarrels or arguments that appear when filing and considering lawsuits.

In the end, it really aims to save time and effort on the parties to the commercial rivalry.

The aim of this study is to demonstrate the necessity of using mediation as a mechanism for settling corporate governance disputes, in order to reduce the burden on the judiciary in view of such disputes and other advantages that mediation has in this regard.