Mediation

Mediation may range from minimal intervention, merely facilitating information flow between the parties, to an extensive role feeding in advice and information from outside, evaluating options, proposing solutions and pressing towards favored outcomes. In Jordan, the first use of mediation on a relatively wide scale occurred in the establishment of mediation procedures set by the Law of Mediation for the Settlement of Civil Disputes of 2003, recently replaced by the Law of 2006. According to the Mediation Law of 2006, the Administration of Mediation in the court consists of a number of Magistrate Court and First Instance Court judges who are nominated by the Chairman of the First Instance Court. In addition to the Mediation Judges, the Head of the Judicial Council may nominate Private Mediators consisting of retired judges, lawyers and professionals of long experience, known for their impartiality and integrity.

The legislative framework in Jordan encourages disputants to resort to mediation as an ADR method; such encouragement can be observed in the new Law of Mediation which stipulates the following:

• The Administrator of the Lawsuits Judge, after meeting with the parties or their lawyers, have the authority to pass on any filed case to the Mediation Judge or to a Private Mediator upon the request of the disputants or their approval. In all circumstances, the judge shall consider the agreement of both parties on the nomination of the Mediator, as much as possible.
• The Parties in a dispute, pursuant to the acceptance of the Administrator of the Lawsuits Judge or the Magistrate Judge, have the right to resolve their dispute by mediation by referring their dispute to any person they deem appropriate. In this case, the Mediator shall determine his fees coordination with the disputants. In case the dispute is settled amicably, the plaintiff shall retrieve the previously paid legal fees.

If the Mediator was successful in reaching a complete or a partial settlement, he should present a report to the Administrator of the Lawsuits Judge or the Magistrate Judge enclosing the settlement signed by the disputants, the Judge in his part has to endorse the settlement, and the settlement agreement is then considered a final judgment. At the end of the mediation process, whether the mediation resulted in resolving the dispute or not, the Mediator shall return to each party any documents he received from that party. Furthermore, the proceedings of the Mediation shall be deemed confidential. Any information used in the course of Mediation, shall not be used by the disputants before any court or before any other authority.

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