Les limites de la médiation entre le volet négociation et les normes du droit des marchés publics

Abstract EN

Today, ADR “Alternative Dispute Resolution” is considered as an important step forward in the management of conflicts, mediation in public procurement being one of the most popular.

Disputes arising during the execution of a public contract are generally settled according to a procedure to be specified in the contractual documents of the operation.

However, if the dispute persists before going to court, several avenues can be envisaged for settling the dispute out of court: Mediation, Intervention of the Dispute Settlement Commission, Conciliation, and Arbitration.

In this study, we will try to approach the applicability of mediation in public contracts by highlighting the reality of the Moroccan practice in this field without neglecting the Limits of mediation in public procurement