Mediation in Chad

Quick Facts

• Legal Framework: Chad's ADR framework follows OHADA (Organisation pour l'Harmonisation en Afrique du Droit des Affaires) Uniform Acts. On 23 November 2017, OHADA adopted a new Uniform Arbitration Act (UAA), which repe...
• Cultural Approach: The 2021 Code reflects a general trend towards settlement with a peacemaker judge who allows parties to explore alternative means of dispute resolution. This new development is noteworthy as it promot...
• Typical Costs: OHADA framework provides standardised fee structures across member states. Costs determined by UAM provisions and institutional rules. Professional mediator fees generally range from XAF 50,000-200,00...

Mediation Research

Legal Framework

Chad's ADR framework follows OHADA (Organisation pour l'Harmonisation en Afrique du Droit des Affaires) Uniform Acts. On 23 November 2017, OHADA adopted a new Uniform Arbitration Act (UAA), which repeals and replaces the Uniform Arbitration Act of 11 March 1999 and at the same time sets up a new Uniform Act on Mediation (UAM). The UAA constitutes the arbitration law in Chad and applies to any arbitration where the seat of the arbitral tribunal is located in one of the OHADA member states. The UAA provides extensive and modern arbitration rules, including investment arbitration provisions, the definition of fixed duration of arbitral proceedings, and the possibility for parties to provide for waiver of annulment recourse. The UAM is an innovation as there were hitherto no specific and comprehensive rules governing mediation in Chad. The UAM is therefore the national law of mediation in Chad for all mediation proceedings, excluding those carried out under the auspices of courts or arbitral tribunals. Act No. 028/PR/2020 on the Code of Civil, Commercial and Social Proceedings encourages recourse to ADR during judicial proceedings before Chadian courts.

Court System

The 2021 Code encourages recourse to ADR during judicial proceedings before Chadian courts. The Code includes new provisions relating to mediation and conciliation. The judge must endeavour to reconcile the litigants, encouraging settlement between the litigating parties. This provision allows the judge to accept a conciliation (settlement) proposal made by the litigants or, on their own initiative, request the parties to consider settlement. In all cases, the agreement resulting from the conciliation proceeding is enforceable and is not subject to appeal. The 2021 Code also provides for mediations conducted by third parties where the mediator is proposed by the parties or appointed based on the proposal of the judge.

Mediator Regulations

The UAM is the national law of mediation in Chad for all mediation proceedings excluding those under courts or arbitral tribunals. Decisions arising from mediation proceedings conducted under the UAM are enforceable before arbitral tribunals and Chadian courts. Judicial and arbitral proceedings undertaken in violation of mediation agreements are void. The 2021 Code provides for mediations conducted by third parties where the mediator is proposed by the parties or appointed based on the judge's proposal.

Cultural Approach

The 2021 Code reflects a general trend towards settlement with a peacemaker judge who allows parties to explore alternative means of dispute resolution. This new development is noteworthy as it promotes a negotiated, enforceable solution.

Typical Costs

OHADA framework provides standardised fee structures across member states. Costs determined by UAM provisions and institutional rules. Professional mediator fees generally range from XAF 50,000-200,000 per hour for commercial mediation. Costs typically shared between parties unless otherwise agreed. OHADA provides efficient dispute resolution across West Africa.

States and Regions