Judicial Mediation as an Alternative Way to Resolve Administrative Disputes: A Comparative Study
Dr. Safaa M. Al Sweilmieen
Associate Professor of Administrative Law
Faculty of Law, Yarmouk University, Jordan
Dr. Ahmad A. AL Dalaien
Associate Professor of Public Law
College of Law, AL AIN University, UAE
Abstract:
Jordanian and Emirati legislators have approved judicial mediation as an alternative method for resolving judicial disputes in civil and commercial disputes, which raises the question about the possibility of adopting this method in administrative disputes, knowing that some comparative legal systems have adopted this means to solve administrative disputes.
Accordingly, the motivating reason for choosing this topic was that the Jordanian and Emirati legislators did not explicitly stipulate judicial mediation as an alternative method for resolving administrative disputes, especially administrative contracts, and this problem and the purpose of the study require the use of the descriptive analytical and comparative approach to achieve the goal of the present research, by analyzing the texts and their interpretation in Jordan and the Emirates to allow judicial mediation to be applied to administrative disputes, and we have reached the possibility of adopting them without prejudice to public order and to the principle of legality.
Key words: administrative dispute, judicial mediation, administrative contracts, agreement mediation, the principle of legality, public order.