The impact of mediation in resolving commercial disputes to attract foreign investments

Abstract

The research topic is of great importance as the topic of mediation is considered one of the alternative means of resolving disputes to the judiciary and the research topic needs legislative and judicial regulation in addition to the fact that it has become the talk of the hour in all aspects, not only on the legal side, but there is a judicial and economic dimension.

The judiciary is considered the primary means of resolving disputes in addition to being approved by the state and there is an obligation to implement its rulings, followed by arbitration and it has some characteristics of the judiciary, but there are many other mechanisms for resolving disputes and our discussion will be limited to mediation as one of the mechanisms for resolving commercial disputes, as mediation is considered one of the alternative means of resolving issues through a mediator who determines responsibilities and reaches a solution that satisfies both parties, so mediation is considered one of the means of resolving disputes that has achieved positive results in the recent period. However, mediation needs more legislative regulation and judicial approval of its results and enforceability, in addition to defining the powers of the mediator so that he can perform his role and contribute to settling the dispute according to his powers. Then comes the talk about neutrality, integrity, transparency and the characteristics that the mediator should have, which are generally considered one of the guarantees that inspire confidence in mediation in general and the mediator in particular in order to achieve the desired results from mediation, whether at the level of individuals by resolving commercial disputes between them or at the judicial level by strengthening the role of justice and reducing the burden on the judiciary in considering many cases, which achieves confidence in mediation as a means of resolving foreign investment disputes in addition to attracting foreign investments and achieving economic growth.