Jordan
Samer Al ZuriekatPartner,Head of Litigation - Jordans.alzuriekat@tamimi.com
Hala QutteinehSenior Associate,Dispute Resolutionh.qutteineh@tamimi.com
Is there any legislation governing mediation in Jordan? If the response is negative, are there any preparatory legislative project relating to mediation?Yes. The Mediation No. 12 of 2006 (“Mediation Law”).
Is there any legislation governing conciliation in your jurisdiction? Do the existing laws distinguish between conciliation and mediation?There is no specific legislation governing conciliation. However, there are certain laws which address conciliation such as the Labour Law No. (8) of 1996 (“Labour Law”). The Labour Law stipulates that in the event of a dispute between the employer and a specific labour union, before resorting to the Labour Law, it should first be reviewed by a councillor and a conciliation committee.
Is conciliation/mediation court-annexed (administered by the courts) or voluntary (administered by the parties), or both?Both are applicable. Parties to contract can agree on resorting the dispute to mediation. Alternatively, the judge (in specific stages of a claim) can (either with the approval of the parties to a claim or upon their request) refer the claim to mediation.Could you please specify the types of disputes that can/ cannot be referred to mediation in your jurisdiction? Are there certain kinds of dispute, or sectors, in which mediation is common in your jurisdiction?The Mediation Law did not provide for specific disputes that can/cannot be referred to mediation. In practice, mediation is common when the parties to a claim intend to amicably resolve the dispute or are open to settlement.
Does the mediation legislation provide for “without prejudice communications”? Is the concept of “without prejudice” communication recognized in the general law.The Mediation Law provides under Article (8) thereof that conversations, procedures, releases, disclaimers and waivers discussed during mediation should be without prejudice and the parties cannot rely on or use such conversations before the court.
Are settlement agreements resulting from mediation enforceable before the Courts?Yes, and have the same enforceability as final conclusive judgments.
Does the law in your jurisdiction address the suspension of the limitation period during mediation process?The Mediation Law does not address the suspension of the limitation period.How mediations may impact limitation periods is a sensitive legal question and we strongly encourage you to reach out to our team if you have any queries regarding this topic.Does the law in your jurisdiction allow parties to take interim measures during the mediation process?This is not specifically provided under the Mediation Law. However, in our opinion, the parties may be entitled to take interim measures during the mediation process.
Are there any mediation/conciliation centers in your jurisdiction? Please specify whether they are private or public (or list them if possible)The Mediation Law provides that with relation to in-court mediation, a specified committee shall be formed to investigate mediation claims which shall include special judges elected and chosen by the judiciary board.
Does the law in your jurisdiction set out specific criteria for qualifying as mediators/conciliators? Please specify whether there is a Code of Professional Conduct governing the profession of meditator in your jurisdiction.No, but mediators assigned by judiciary board are treated as judges which therefore renders them subject to the Code of Professional Conduct applicable to judges.
Is your jurisdiction party to the “Singapore Convention on Mediation” (United Nations Convention on International Settlement Agreements Resulting from Mediation)? If not, could you please indicate whether your jurisdiction will potentially sign or ratify this Convention?Jordan has signed the Singapore Convention on Mediation on 7 August 2019 but still has not ratified it.
Are there any mediation training centres in your jurisdiction?No.
Does your jurisdiction provide e-mediation? (i.e., automated online dispute resolution system with no interaction from a third party at all).No.
