Modern Trends in Judicial Mediation and their Effectiveness in Resolving Administrative Disputes: A Comparative Study

Dr. Yehya Al Nemr
Assistant Professor – Administrative Law


This research attempts to shed light on the historical origin of judicial mediation, while distinguishing it from similar alternative dispute resolution methods, and its types in the field of administrative jurisdiction, in addition to clarifying the legal basis that binds the State in adopting alternative dispute resolution methods including judicial mediation, through the interpretation of international conventions and constitutions. The research aims to study the modern trends in judicial mediation «La Médiation Judiciaire» and their effectiveness in resolving administrative disputes in the United States of America, the United Kingdom, France, Egypt and Kuwait, while indicating the possible degree of activating the use of judicial mediation in the settlement of disputes as stated in the European Convention on Human Rights and the International Covenant on Civil and Political Rights on the right to a trial within a reasonable time; the importance of this study, besides looking at one of the important issues related to granting clients of judicial facilities “Access to Justice,” it addresses the positive aspects of judicial mediation in real practice after being applied by some States.
The study stresses the importance of adopting judicial mediation as one of the alternative dispute resolution methods «ADR», in order to face the accumulation of cases in the field of administrative disputes, which helps reduce the effort, time and money on both sides of the dispute. The study also highlights the role of comparative jurisprudence in urging countries to reform the traditional justice system by adopting judicial mediation and other alternative methods, presents modern trends in the application of judicial mediation in administrative disputes and their effectiveness in resolving them, and clarifies the contemporary challenges that might prevent the achievement of the desired objectives while providing practical solutions to these challenges.
The study emphasizes the possibility of adopting this method in resolving disputes in both Egypt and Kuwait. To achieve this, the judiciary, legislator and litigants must be made aware of advantages this method has over other methods of seeking justice.

Keywords: Administrative disputes, alternative methods, administrative jurisdiction, administrative proceedings, justice.

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