دور الوساطة في تسوية المنازعات القضائية

Abstract

Mediation plays a vital and increasingly important role in resolving legal disputes in Algeria, as it does in many modern judicial systems. It is an alternative mechanism to litigation that aims to enable disputing parties to reach an amicable solution to their disputes with the assistance of a neutral mediator, often appointed by a court or within a judicial context. Mediation focuses on facilitating dialogue and communication between the parties, rather than imposing a solution. This allows them to control the outcome of the dispute and encourages creative and sustainable solutions. This process not only reduces the burden on the courts and mitigates the costs and lengthy procedures of traditional litigation, but also contributes to preserving relationships between parties, which is crucial in commercial, family, or social disputes. Essentially, mediation transforms a legal confrontation into an opportunity for constructive negotiation, promoting more effective, flexible, and humane access to justice.