The Effectiveness of the Settlement Agreement Arising from the Mediation Process

Abdullah Fawaz Hamadneh, Youness Lazrak Hassouni


In this paper the researchers will discuss in some detail a study of the authoritative final settlement agreement resulting from the mediation process, and the scope of the effects of the settlement agreement in terms of the persons and the power of the court to modify or reject the Settlement Agreement.At the end of this article the researchers found that: The judicial nature that is characteristic of the mediation process, including the final settlement agreement of the conflict parties to the conflict, which contributes to edit, must also be respected when implementing the final agreement. As the will of both parties contributed to the preparation and completion of the agreement must contribute to its implementation in a friendly way without the need to resort to the executive formula. Resorting to mediation and acceptance of the behavior of this ruler involuntary committing both sides to implement loving final agreement.The final agreement resulting from mediation has all the legal ingredients to produce all the effects of similar judicial rulings, once edited become a power of res judicative for the Moroccan legislation, and the same goes for Jordanian legislation as a result of approved by the competent judge. If the appendix by executive formula it becomes completely like the judicial ruling. In the sense that resorting to mediation ensures friendly and rapid solution to the conflict with judicial rulings characteristics with respect to evidentiary and executive force of the Settlement Agreement.Finally, hope the gentlemen judges when monitoring conciliation agreement resulting from mediation to take into account the consensual nature and involuntary mediation process, including the final agreement and avoid hyperbole in the interpretation of the nature of public order when monitoring the health of this Agreement.

Keywords: The final settlement agreement, Conciliation agreement, Jordanian legislation, Moroccan legislation, Mediation Process

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ISSN (Paper)2224-574X ISSN (Online)2224-8951

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