The Legal Binding Force of a Settlement Agreement Resulting from Contractual Mediation Prior to Resorting to the Courts

Abstract

Mediation is one of the most significant alternative dispute resolution mechanisms, offering flexible and amicable solutions that reduce the burden on courts while preserving the rights and relationships of the parties. The Jordanian legislator regulated mediation under the Mediation for the Settlement of Civil Disputes Law No. (12) of 2006 and its amendments, and introduced contractual mediation prior to litigation through the amended Law No. (25) of 2017. However, the regulation of this form of mediation remains limited, as it focuses mainly on the confidentiality of procedures without clarifying the legal effects of a mediation clause or the binding force of settlement agreements. In contrast, certain comparative legislations, such as Emirati and Moroccan law, provide more detailed regulation. This research examines mediation and its types under Jordanian law, analyzes contractual mediation prior to litigation, and clarifies the binding force and enforcement of settlement agreements in accordance with the general rules of Jordanian law.