The Role of Mediation in Enhancing Iran’s Legal System

Abstract

Mediation, also known as intercession or arbitration, is a dispute resolution method in which a neutral third party, called the mediator, assists conflicting parties in reaching a mutual agreement. Mediation may not always result in a successful resolution and can sometimes end without an agreement. When an agreement is reached, its terms are typically decided by the parties themselves. The disputing parties may include countries, organizations, groups, individuals, or any other entities that benefit from mediation. It is essential that they regard the mediator as an impartial figure. According to Article 29 of the regulations, if individuals or institutions neglect their mediation responsibilities or delay responding within specified deadlines without valid reasons, the judiciary may refuse to assign mediation tasks to them. Article 32 states that the judicial authority overseeing the case is responsible for supervising the mediation process. Moreover, Article 33 allows the disputing parties, as key participants, to report the mediator’s incompetence or delays in advancing the process to the relevant judicial authority. The judiciary, which is responsible for supervising mediation sessions under Article 28, may cancel the mediation process under Article 34 if the parties fail to attend sessions and the mediator submits a report indicating that sessions could not be held. In such cases, the case is returned to its prior state for formal judicial proceedings.                                                                                   

Keywords: Mediation, intercession, arbitration, enhancement of Iran’s legal system.