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Research Paper | Law | Egypt | Volume 4 Issue 12, December 2015 | Popularity: 6.2 / 10
Is Judicial Mediation A Successful Choice In Internal and International Business?
Hoda Magdy Nour
Abstract: Because mediation and conciliation as an attempt to reach an amicable settlement to the dispute arising out of, or relating to a contractual or other legal relationship, have no effect to enforce execution, we must resort to the court if the solution not adopted voluntary. The capability of alternative dispute resolution (ADR) in settle the disputes if the mediation or conciliation process includes parties from different legal systems, will completed either if the solution adopted voluntary, or by resort to the competent court to issue an award, which makes such a solution as the traditional rules. The ineffectiveness of the ADR lies in their nonbinding solution, which cannot be enforced if the parties do not agree, or not enforced voluntary. Therefore, they will lose money and time. The consent and signed solution may be presented to the court for implementation, in some cases the ADR process itself can be seen as a way of obtaining a solution agreement, and return to the court to execute the compromise settlement, because the consent award lacks of approval to the agreement reached by the parties, the court approval leads to a binding compromise settlement.
Keywords: consensual nature, alternatives, enforceability, court Intervention
Edition: Volume 4 Issue 12, December 2015
Pages: 189 - 196
DOI: https://www.doi.org/10.21275/26111502
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