The legal organization of the work of conciliation and arbitration committees in settling disputes between parties in civil matters and the extent to which their decisions are binding

Abstract

Abstract:

Due to the emergence of previously unknown legal problems and disputes resulting from successive events, it has become necessary to search for means that will ease the burden on the judiciary and allow for shortening litigation procedures to save time and effort on the courts and the litigants. Therefore, conciliation has emerged as a modern method of alternative solutions for resolving disputes, as it is based on providing a forum for the parties. Dispute disputes for the purpose of meeting, dialogue, and converging points of view with the help of a neutral mediator are committees specialized in this, to reach an amicable solution acceptable to the parties to the dispute, in the form of a final settlement agreement binding on both parties.

The primary goal of these committees playing their role in the conciliation and arbitration process is to provide the conflicting parties with the opportunity to create a kind of understanding, contribute to spreading a culture of dialogue, and encourage them to participate positively in devising compromise solutions and trying to resolve the dispute. In doing so, they provide a legal framework for all matters. A situation, provided that it is acceptable to the two disputing parties, and of their own making, in order to ensure that they obtain justice in conditions in which they can be reassured and in which the parties are the ones who legislate for themselves to resolve the dispute in a better way, through a neutral and fair mediator (conciliator) whose goal is to bring the viewpoints of the disputants closer together. Without having the power to force the acceptance or continuation of mediation.

        This research constitutes a contribution to shedding light on the role of conciliation and arbitration committees in the effectiveness of this method, which is considered an alternative means of resolving disputes between individuals in accordance with Law No. (4) of 2010 regarding conciliation and arbitration. Therefore, we will address it as one of the alternative means of judiciary, and explain the extent of its suitability in resolving civil disputes between conflicting parties as it is a modern method characterized by confidentiality, ease, lack of costs and expenses, and speed of completion, and the extent to which the decisions of conciliation and arbitration committees are binding