Mediation in Burkina Faso

Quick Facts

• Legal Framework: Mediation and arbitration in Burkina Faso are governed by the OHADA Uniform Act on the Law of Arbitration (revised and adopted in Conakry on 23 November 2017) as Burkina Faso is a member state of the ...
• Cultural Approach: Burkina Faso has a civil law system based on French model and customary law. The establishment of CAMC-O by the Chamber of Commerce and Industry of Burkina Faso reflects institutional commitment to mo...
• Typical Costs: Specific fee structures for mediation in Burkina Faso are not documented in available sources. CAMC-O provides arbitration, mediation and conciliation services with fee structures determined by the Ce...

Mediation Research

Legal Framework

Mediation and arbitration in Burkina Faso are governed by the OHADA Uniform Act on the Law of Arbitration (revised and adopted in Conakry on 23 November 2017) as Burkina Faso is a member state of the Organization for the Harmonization of Business Law in Africa (OHADA). Burkina Faso has a civil law system based on the French model and customary law. Recognition and enforcement of foreign arbitral awards between Burkina Faso and other OHADA member countries is governed by The OHADA Treaty of 17 October 1993. Burkina Faso is a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Chamber of Commerce and Industry of Burkina Faso (CCI-BF) established the Centre d'Arbitrage, de Médiation et de Conciliation de Ouagadougou (CAMC-O) on January 11, 2005, officially launched September 24, 2007.

Court System

CAMC-O contributes to improving the legal and judicial environment in Burkina Faso by reinforcing confidence between Burkinabè economic operators and their foreign partners and by relieving congestion in state courts. The Centre offers domestic economic operators and foreign investors an appropriate framework for settling disputes while preserving the integrity of business relationships. Arbitration, mediation and conciliation are dispute resolution mechanisms whose organization is fundamentally based on the will of the parties. The use of these dispute resolution methods marks the modernization of litigation management, particularly in the business world, preserving fundamental values of confidentiality, speed, impartiality, efficiency and profitability. CAMC-O plays an essential role in development and promotion of Alternative Dispute Resolution (ADR).

Mediator Regulations

CAMC-O has a governance structure with Chairman: Mr Jean Yado TOE, Professor of Law, OHADA expert; Vice-President: Mrs Clémence Rassolguéssida ILBOUDO/SAVADOGO, Magistrate of exceptional rank; and board members including lawyers and research professors. The Centre includes representatives from Chamber of Commerce and Industry of Burkina Faso, Ministry of Justice, University of Ouagadougou, Conseil National du Patronat Maison de l'Entreprise, Ordre des Experts Comptables and Comptables Agréés, Order of Notaries, Bar Association, Order of Architects, Professional Association of Banks and Financial Institutions, and Professional Association of Insurance Companies. The Centre confirms arbitrators and mediators, ensures proper application of arbitration and mediation procedures, and examines arbitral awards as to form. Specific mediator certification requirements and training programs are not extensively documented in available sources.

Cultural Approach

Burkina Faso has a civil law system based on French model and customary law. The establishment of CAMC-O by the Chamber of Commerce and Industry of Burkina Faso reflects institutional commitment to modern dispute resolution mechanisms. The Centre aims to reinforce confidence between Burkinabè economic operators and their foreign partners while relieving congestion in state courts. Arbitration, mediation and conciliation are fundamentally based on the will of the parties, marking modernization of litigation management. The cultural approach values confidentiality, speed, impartiality, efficiency and profitability in dispute resolution. Customary law operates alongside the formal civil law system.

Typical Costs

Specific fee structures for mediation in Burkina Faso are not documented in available sources. CAMC-O provides arbitration, mediation and conciliation services with fee structures determined by the Centre. No specific hourly or daily rates for mediators are documented. The OHADA framework provides for arbitration costs but does not detail mediation fee structures. No specific cost provisions are documented in available sources.

States and Regions