Morocco
Nesrine RoudanePartner,Head of Office - Moroccon.roudane@tamimi.com
Is there any legislation governing mediation in Morocco? If the response is negative, are there any preparatory legislative project relating to mediation?In Morocco, mediation is governed by Law 95-17 on Arbitration and Conventional Mediation published in the Official Bulletin No. 7099 on 13 June 2022, and came into effect on June 14, 2022.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” in Morocco. However, it is implicitly governed by the Code of Civil Procedure (CPC). In this sense, the distinctions between conciliation and mediation are also implicit and remain theoretical; The conciliator formulates a decision and obtains the agreement of the parties, while the mediator helps the parties themselves to formulate an agreement.
Is conciliation/mediation court-annexed (administered by the courts) or voluntary (administered by the parties), or both?As mentioned above, conciliation is implicitly governed and is only judicial (administered by the courts), unlike mediation, which is conventional and therefore voluntary (administered by the parties).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?In Morocco, mediation is common in the commercial, real estate, social, or family sector. Disputes relating to, among other things, matter of state, public order (except for pecuniary interests), personal rights that are not the subject of trade, matters which cannot be the subject of a commutative contract between Muslims, the right to maintenance, are not capable of settlement by mediation.Does the mediation legislation provide for “without prejudice communications”? Is the concept of “without prejudice” communication recognized in the general law.The “without prejudice communication” is provided for in the mediation legislation, allowing parties to the mediation to initiate the process without fear that statements or documents produced during the mediation will be produced in a trial in the event of failure of the procedure. The concept of “without prejudice communication” is recognized and applied in practice in Morocco, particularly in the context of contractual negotiations, which is reflected in confidentiality clauses.
Are settlement agreements resulting from mediation enforceable before the Courts?Moroccan legislation provides for the suspension of the statute of limitations during the mediation procedure, as stated in Article 93 of Law 95-17: “The competent jurisdiction refrains from examining a dispute that has been the subject of a mediation agreement until the exhaustion of this procedure [...]”. Furthermore, Article 94 of the same law specifies that the mediation process is set for a maximum duration of 6 months.
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 address the suspension of the limitation period during mediation process?Moroccan legislation provides for the suspension of the statute of limitations during the mediation procedure, as stated in Article 93 of Law 95-17: “The competent jurisdiction refrains from examining a dispute that has been the subject of a mediation agreement until the exhaustion of this procedure [...]”. Furthermore, Article 94 of the same law specifies that the mediation process is set for a maximum duration of 6 months.
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?Moroccan legislation does not provide any specific guidance regarding the possibility for parties to take provisional measures during the mediation procedure.
Are there any mediation/conciliation centers in your jurisdiction? Please specify whether they are private or public (or list them if possible)
The Mediation and Arbitration Centre of the Chamber of Commerce, Industry and Services of Casablanca-Settat (CCISCS) - [Public institution created by law]
The International Mediation and Arbitration Centre of Casablanca (CIMAC) - [Private mediation centre]
The Mediation Centre of the French Chamber of Commerce and Industry of Morocco (CFCIM) - [Private mediation centre]
The International Mediation and Arbitration Centre of Rabat (CIMAR) - [Mediation centre created in partnership with a public institution]
The Mediation and Arbitration Centre of Marrakech (CMAM) - [Private mediation centre]
Centre for Mediation and Arbitration of Tetouan - [Private mediation centre]
Moroccan Centre for Bank Mediation (CMMB) - [Public mediation centre]
Mizan – [Private mediation centre]
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.The Moroccan jurisdiction's law defines specific criteria for the qualification of mediators, as stated in Article 97 of Law 95-17: “Mediation may be entrusted to a natural or legal person. The mediator’s mission can only be entrusted to a natural person who is fully capable and has not been the subject of a final conviction for acts contrary to honor, probity or good morals, or disciplinary sanctions resulting in their dismissal from an official function or one of the pecuniary sanctions provided for in Section IV of Book V of Law No. 15.95 on the Commercial Code, or by depriving them of the capacity to engage in commerce or any of their civil rights. The mediator, from their appointment, and who becomes aware of any circumstance that may affect their impartiality, independence and neutrality, must notify the parties, and in this case, they can only accept their mission after their approval.”
Regarding conciliators, no specific criteria for qualification are specified in Moroccan law.There is no professional code of conduct governing the mediation profession in Morocco.
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?The Moroccan jurisdiction is not a party to the Singapore Convention on Mediation. It is difficult to predict whether Morocco will ratify the Singapore Convention on Mediation in the near future or not.
Are there any mediation training centres in your jurisdiction?There is no officially recognized mediation training centre by the Moroccan state. However, some existing mediation centres offer training for mediators. In addition, private organizations also offer mediation training.
Does your jurisdiction provide e-mediation? (i.e., automated online dispute resolution system with no interaction from a third party at all).The Moroccan jurisdiction does not offer officially recognized online mediation. Mediation procedures usually take place in person, with meetings between the parties and the mediator face to face.
