Mediation In
Okoa, Centre

Legal Framework

Mediation in Cameroon is primarily governed by the OHADA (Organisation for the Harmonisation of Business Law in Africa) Uniform Act on Mediation, adopted in November 2017 by 17 African states including Cameroon. The Uniform Act on Mediation was inspired by the 2002 UNCITRAL Model Law on International Commercial Conciliation and adopts a broad definition of mediation conceived as 'any process, whatever its name, in which the disputing parties request a third party to assist them in reaching an amicable settlement of their dispute, conflict or difficulty.' Cameroon also follows the OHADA Uniform Act on Arbitration (revised in 2017) for arbitration matters. Cameroon has a mixed legal system of English common law, French civil law and customary law, reflecting its colonial history and bi-cultural division between Anglophone (20% of population) and Francophone (80% of population) communities. Arbitration is classified under Alternative Dispute Resolution which includes mediation, reconciliation and negotiation. The OHADA framework provides a regional harmonized legal system for mediation across member states.

While Cameroon operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

The OHADA Uniform Act on Mediation encourages judges to send litigants before a mediator whenever appropriate. Successful implementation depends on efforts of each OHADA member state to develop mediation practice, including judicial encouragement of mediation. Cameroon's court system operates under the mixed legal system with English common law in Anglophone regions and French civil law in Francophone regions. The Common Court of Justice and Arbitration (CCJA) serves as the regional judicial body for OHADA states. Litigation is the widely known method of conflict resolution in Cameroon, but ADR mechanisms including mediation are increasingly recognised. The Uniform Act on Mediation aims to enhance transparency, speed and efficiency of proceedings in the OHADA region, increasing confidence of investors. Courts may refer parties to mediation and settlement agreements reached through mediation can be enforced.

Mediator Regulations

The OHADA Uniform Act on Mediation provides the regulatory framework for mediators across member states. Successful implementation requires training of an increasing number of qualified mediators. The Act takes into account benchmarks of international best practices and adopts innovative provisions for enforcement of settlement agreements. Specific mediator qualification requirements, certification processes, and conduct codes are established under the OHADA framework. No single institution provides mediation services for the entire OHADA region, leading parties to prefer recourse to national or international institutions that offer both mediation and arbitration services, such as the ICC. The CCJA arbitration centre in Abidjan has no specific mediation rules as such. Cameroon follows OHADA standards for mediator qualifications and ethical conduct.

Cultural Approach

Cameroon's cultural approach to mediation reflects its extraordinary diversity of about 250 tribes speaking at least 285 different indigenous languages. The bi-cultural division between Anglophone and Francophone communities influences dispute resolution approaches. Traditional dispute resolution mechanisms exist within customary law systems. The OHADA Uniform Act on Mediation aims to harmonize mediation practices across the region while respecting local contexts. The emphasis on amicable settlement aligns with traditional African approaches to conflict resolution that prioritise community harmony. The mixed legal system allows for flexibility in applying mediation approaches that suit both common law and civil law traditions. Cultural sensitivity is important given the ethnic and linguistic diversity, with mediation processes needing to accommodate different communication styles and cultural norms.

Typical Costs

Specific fee structures for mediation in Cameroon are not detailed in available sources. The OHADA Uniform Act on Mediation provides the framework but does not specify fee schedules. Arbitration costs would be determined by institutional rules of chosen arbitral institutions. As arbitration is preferred because it is cheaper and faster than litigation and preserves relationships, mediation is expected to offer similar cost advantages. The lack of a single regional mediation institution means costs may vary depending on whether parties use national institutions or international institutions like the ICC. The emphasis on mediation as an alternative to expensive litigation suggests cost effectiveness is a key feature. Specific fee amounts are not documented in available sources.