eLaw Journal: Murdoch University Electronic Journal of Law, Vol 17, No 2 (2010)

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Enforceability of the mediation outcome

Abbas M. Taha El Siddik

Abstract


Abstract

The mediation outcome needs to be considered on its classification, reality and enforceability. Doing so will make the mediation even more attractive as a dispute resolution method, and its outcome is more durable.

This paper focused on the reality of the mediation outcome and the consequences of its repudiation.

After a thorough analysis of the mediator's role, the legal classification of the outcome, and the hypotheses of the enforcement of that outcome, the research classified the outcome as an agreement, and the role of the mediator as a contract facilitator. In addition to that, the research identified some difficulties regarding the enforcement. These difficulties was attributed to the lack of recognition of the mediation outcome as an enforceable outcome similar to the arbitration award and to the same extent.

Two recommendations have been made, one of which was: national systems should enact a legislation regulating the mediation process and its outcome as a real dispute resolution process and gives it the proper enforceability recognition. The other recommendation was: lobbies should be set up, internationally, so as for the United Nation to issue a similar convention to "The United Nation Convention on the Recognition and Enforcement of Foreign Arbitral Awards" " the New York Convention 1958", a convention which should provide for the international recognition of the mediation outcome as a mobile enforceable judgment.


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