Courts & Justice Law Journal
Advocatus Iustitia Aeque
1 Cts. & Just. L.J.
ARTICLE | VOLUME 2, ISSUE 1
Introducing Mandatory Mediation to Egypt’s Administrative Courts: Two Feasible Approaches
by Judge Mahmoud Elsaman, State Council of Egypt
2 Cts. & Just. L.J. 55 (2020)
The Egyptian Judiciary suffers a huge case backlog. Alternative Dispute Resolution has proved to be a good tool in various jurisdictions to reduce the number of disputes referred to courts. Specifically, the advantages of integrating mediation into public disputes are very clear. It can reduce the time and costs required to settle disputes by avoiding the lengthy process of litigation. Also, mediation helps disputing parties to settle their disputes confidentially. Unlike litigation, mediation is not associated with public disclosure requirement.
Since the Egyptian government aims to follow the international trend of requiring court-annexed mandatory mediation before referring cases to competent courts, the Egyptian Ministry of Justice has recently proposed a bill on the integration of mediation into Ordinary Courts. In line with the case-load reduction strategy reflected in the bill, this paper aims to provide a roadmap for the introduction of mandatory mediation into Egypt’s administrative courts, represented in the State Council of Egypt. What this paper proposes, as a solution to reduce number of cases referred to the administrative courts, is making mandatory mediation a prerequisite before referring a dispute to the relevant court within the State Council. This might lead to an increase in amicable settlements of disputes and a reduction of the State Council's case workload.
/ Winter 2020 / C&JLJ
Andrew M. Crespo
Emily M. Strak