الوساطة الاتفاقية في ح المنازعات الاقتصادية و التجارية قب اللجوء إلى القضاء

Abstract EN

The settlement agreement is concluded before appearing before the judicial authorities in order to serve as an alternative mean for settling disputes.

This mean is considered as one of the most important means for settling disputes.

It is highly used by people.

However, it is not used in an organized manner.

Its use is not governed by any law nor legislation.

Thus, it participates in reducing the number of people appearing before courts and the number of cases in courts.

It doesn’t require high costs, nor much time.

It doesn’t require much effort.

It is characterized with settling disputes quickly.

It improves the relationship between the disputed parties.

The Jordanian legislator didn’t enact legislations that regulate the settlement agreement which is one of types of mediation agreement.

The mediation act for the settlement of civil disputes and the code of civil procedures do not include such legislations.

There isn’t any law that regulates the issues related to the settlement agreement nor its type (i.e.

mediation agreement).

For example, the Jordanian legislator didn’t address the meaning of the mediation agreement that is concluded before appearing before the judicial authorities.

He didn’t address its conditions, validity, significance nor nature.

He didn’t address its binding force nor its use as a proof before the courts.

He didn’t address the appeal filed against its provisions nor the binding force of the reconciliation.

The Jordanian legislator must enact legislations that regulate all of the aforementioned issues.

These legislations must be enacted in the mediation act for the settlement of civil disputes, the code of civil procedures or a separate law similar to the arbitration law, in order to settle economic and business disputers.