Mediation in Lebanon
Mediation is an amicable process of resolving disputes between two or more parties who are in disagreement. It involves a professionally trained individual, a mediator, assisting those individuals in drafting an agreement that addresses the needs of both parties. The goal is to identify the zone of possible agreement and reach a win-win situation.
In this post we hope to provide some insight into what mediation entails under Lebanese law and how it can help you with any future dispute.
Mediation is consensual. Unlike other means of dispute resolution the parties may reject the outcome of the Mediation process. However should they reach an accord the parties enter into a settlement agreement which is of course binding to both parties.
Mediation can be private, confidential and conducted on a without prejudice basis.
Of course like Arbitration, Mediation can be Ad hoc or institutional.
Mediation is both time and cost effective compared to other means of dispute resolution.
On 12 April 2022 the Lebanese parliament issued Law No. 286 governing Mediation.
The following is a brief overview of the recently published Mediation Law.
The Mediation agreement is defined as “an amicable means of resolving differences, granting the right to the parties to a current or future conflict to appoint a neutral mediator, independent and specialized, to help them to reach a solution that takes into account the mandatory laws and public order, said mediator may be appointed by the parties themselves who then specify his mission and functions under an agreement that takes into account the provisions of this law.”
A Mediation clause is a clause that is included in any contract involving two or several parties, in which mediation is agreed in advance in the event of any dispute or disagreement over the implementation or interpretation of a contract.
The Mediation Center
is a moral entity operating on Lebanese territory, which is accredited by the Ministry of Justice and whose task is to manage the mediation process and appoint registered mediators.
The law applies to mediation in the commercial, civil, family, economic, educational, medical and generally any dispute that the parties agree to resolve through mediation with regard to rights in which reconciliation may be granted and not related to public order.
The parties agree to resort to mediation through an existing contractual mediation clause or a separate mediation agreement.
The role of the mediator is to accompany the parties in order to reach an outcome that is appropriate to their interests and needs, within a specified time limit.
The mediation clause is mandatory only in terms of the need to meet the invitation to attend the first meeting specified by the mediator to start mediation proceedings, after which the parties regain their freedom to complete the mediation process or withdraw from it.
The mediator adheres to the absolute confidentiality of the proceedings, and the parties adhere to the same requirement.
The mediator is required to inform the parties about his professional competence in mediation and to have undertaken a specialized training course in mediation of at least 80 hours in case the mediator is not named by a mediation institution.
The mediator guarantees to have undertaken specialized training certificates in mediation, and that he follows continuous and organized training annually, with at least eight hours of annual training.
If the parties resort to a mediation center specialized, the institution shall ensure the competence of the mediator within special procedures followed, including 80 hours of training and continuous training.
Finally, If the parties reach an agreement, the mediation process will be resolved under such agreement. The parties, alone without the mediator, sign all settlement agreements and contracts that the mediator contributes to as a result of the mediation process.