Mediation In
Ethiopia

Legal Framework

Mediation in Ethiopia follows the Arbitration and Conciliation Working Procedure Proclamation Number 1237/2021, which deals with conciliation defined as a process facilitated by a third party designated by contracting parties to resolve existing or future disputes. The proclamation is applicable to commerce-related domestic arbitrations and international arbitrations whose seat is in Ethiopia. Conciliation agreements are final, non-appealable, and enforceable. Court-Annexed Mediation (CAM) is recognised by Proclamation No 1234/2021, which formally recognised CAM in 2021 as a step forward for speedy resolution of litigation. However, the proclamation does not define in detail CAM's involved parties' rights and duties. The Civil Procedure Code contains compromise provisions (Article 277) that apply to settlement agreements resulting from negotiations, mediation, and conciliation. The legal framework for mediation remains underdeveloped with inconsistent use of terminology in statutes, often conflating mediation with conciliation, arbitration, and compromise. The Federal Supreme Court is expected to issue a directive to sort out implementation details including mediator fees.

Court System

Courts in Ethiopia promote mediation through Court-Annexed Mediation (CAM) recognised by Proclamation No 1234/2021. The Federal Court Establishment Proclamation No 1234/2021 adds CAM to the ADR instruments available for litigating parties in the Federal Ethiopian Court system. Where parties fail to resolve disputes through CAM, court proceedings are initiated automatically. If mediation is interrupted due to absence of a party, the mediator reports to the court and proceedings initiate after the absent party pays appropriate fee. The court can incorporate settlement agreements into case files after verifying compliance with legal and moral standards, then renders a judgment making the settlement enforceable under Article 277 of the Civil Procedure Code. For compromises reached outside court, Article 277(3) requires court notification, allowing plaintiff to apply to withdraw the case. The judiciary embraces mediation as integral to efficient dispute settlement process.

Mediator Regulations

The Proclamation No 1234/2021 briefly specifies principles of mediation including that parties are free and equal, and communication in mediation shall be confidential and not admissible as evidence in litigation. However, it does not define in detail the rights and duties of involved parties, request for removal of mediator, or when and how a judge involves in the mediation process. Fees for mediators shall be fixed by the upcoming directive of the Federal Supreme Court, which will sort out how much is paid when an employee of the court serves as mediator, a non-legal professional is involved, or when mediator is selected by parties. The Federal Attorney General has mandate to issue and renew licenses, provide criteria for establishment and supervision of arbitration centres. The absence of experts in the area may be a challenge to establishing competitive centres.

Cultural Approach

Ethiopian society has many forms of community-based traditional dispute resolution systems that mirror different socio-cultural histories and traditions across the country. Customary dispute resolution mechanisms generally involve mediation between conflicting parties and their respective families, with restitution and reconciliation. These mechanisms aim not only at settling conflicts between parties but also at restoring previous peaceful relationships. Cultural mediation is effective at the grassroots level to settle disputes over land, water, grazing-land rights, fishing rights, marital problems, inheritance ownership rights, murder, bride price, cattle raiding, theft, rape, banditry, and interethnic and religious conflicts. Traditional systems like the Dubusha of the Gamo people play important roles in peacebuilding. These traditional practices provide strong foundation for modern mediation approaches, though they operate outside formal legal frameworks.

Typical Costs

Fees for mediators shall be fixed by the upcoming directive of the Federal Supreme Court. The directive will sort out how much is paid when an employee of the court serves as mediator, a non-legal professional is involved, or when mediator is selected by parties. Court-annexed mediation through CAM is part of court proceedings. Private conciliation or arbitration procedures have their own fee structures. The cost savings compared to litigation are significant, with CAM recognised as step forward for speedy resolution of litigation. Traditional dispute resolution mechanisms operate at minimal cost within communities. The absence of established arbitration centres may affect cost competitiveness. The government or private persons may establish arbitration centres under supervision of Federal Attorney General.

Sources

• Arbitration and Conciliation Working Procedure Proclamation Number 1237/2021 (legislation)
• Federal Court Establishment Proclamation No 1234/2021 (legislation)
• Mediation in Ethiopia: Rules, Challenges, and Practical Workarounds (organisation)
• Ethiopia Has Enacted Its First Arbitration And Conciliation Proclamation (organisation)
• Important Aspects of Court Annexed Mediation in Ethiopia (organisation)
• Ethiopian customary dispute resolution mechanisms (organisation)
• Resolving marital disputes in Ethiopia's plural legal order (academic)