Mediation in Algeria

Quick Facts

• Legal Framework: Mediation in Algeria follows Law No. 08-09 of 25 February 2008 pertaining to the Civil and Administrative Procedure Code (CAPC). This law introduces court annexed conciliation (Articles 990 to 993) an...
• Cultural Approach: Algeria's cultural approach to ADR is influenced by civil law system based on the Constitution. Article 1 of the Algerian Civil Code provides that in absence of legal provision, the judge shall apply ...
• Typical Costs: Mediation and conciliation in Algeria are designed to be faster and more flexible than litigation, suggesting cost effective alternatives. The court annexed nature of mediation reduces procedural cost...

Mediation Research

Legal Framework

Mediation in Algeria follows Law No. 08-09 of 25 February 2008 pertaining to the Civil and Administrative Procedure Code (CAPC). This law introduces court annexed conciliation (Articles 990 to 993) and mediation (Articles 994 to 1005) as alternative ways to resolve disputes in the Algerian legal framework. Alternative dispute resolution has existed in Algeria since the 1975 Civil Code established rules for transaction, defined as a contract between parties where each commits to obligations to settle a dispute. The 2008 Law substantially revised Algeria's legal framework on international arbitration and ADR. The judicial system is divided into civil and administrative courts and provides for amicable and alternative dispute resolution methods including mediation, conciliation, and arbitration. Algeria acceded to the New York Convention of 1958 through Law No. 88-18 of 12 July 1988. Legislative decree 93-09 of 25 April 1993 initially introduced international arbitration legislation based on French and Swiss legislations.

Court System

Algerian courts provide for court annexed conciliation and mediation as alternative dispute resolution methods. The CAPC Articles 990 to 1005 establish court annexed conciliation and mediation procedures. Courts may suggest or mandate mediation sessions before proceeding with trial. The judicial system is divided into civil and administrative courts, both capable of facilitating ADR processes. The court annexed approach integrates mediation into the judicial process, providing faster and more flexible dispute resolution compared to litigation. The 2008 Law introduced court annexed mechanisms to promote ADR within the court system. The dualistic approach separates domestic and international arbitration while integrating mediation into court procedures.

Mediator Regulations

The CAPC provides framework for court annexed mediation procedures through Articles 994 to 1005. Mediators facilitate dispute resolution as part of the court annexed system. The Conciliation, Mediation and Arbitration Centre of the Algerian Chamber of Commerce and Industry (CACI), based in Algiers, administers both domestic and international arbitration proceedings. The CAPC does not restrict foreign arbitral institutions from providing services in Algeria. The International Chamber of Commerce International Court of Arbitration (ICC Court) is widely used by Algerian parties as an international appointing authority. The legal framework largely inspired by French and Swiss legislation provides for professional mediator standards. The court annexed system ensures mediators operate within judicial oversight.

Cultural Approach

Algeria's cultural approach to ADR is influenced by civil law system based on the Constitution. Article 1 of the Algerian Civil Code provides that in absence of legal provision, the judge shall apply Islamic law and, failing that, customary law. Where applicable, the judge shall refer to natural law and rules of equity. This reflects cultural integration of Islamic law and customary principles into dispute resolution. The 1975 Civil Code transaction provisions represent a general framework for consensual dispute resolution. The cultural context values amicable settlement through dialogue and compromise. The adoption of court annexed mediation reflects institutional recognition of cultural preferences for consensual resolution over adversarial litigation.

Typical Costs

Mediation and conciliation in Algeria are designed to be faster and more flexible than litigation, suggesting cost effective alternatives. The court annexed nature of mediation reduces procedural costs compared to full litigation. The Conciliation, Mediation and Arbitration Centre of CACI provides fee-based services for arbitration and mediation. The emphasis on speed and flexibility in ADR methods compared to litigation indicates cost savings. International arbitration commonly used in energy, construction, and maritime sectors involves fees but provides efficient resolution for complex commercial disputes. The court annexed system reduces administrative costs by integrating mediation into judicial procedures.

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