Mediation In
Al Karāmah, Balqa

Legal Framework

Mediation in Jordan follows the Mediation Law for Settling Civil Disputes (2006). According to this law, the judge of a civilian court may, upon the agreement of the parties or further to their request, refer the dispute to a mediating judge, a 'special mediator' appointed by the Minister of Justice or a private mediator approved by the court. Family mediation is legally recognised, commonly implemented and encouraged by the State. Jordanian laws regarding marriage, divorce and custody of children are adjudicated in religious courts (Shari'a courts and tribunals of other religious communities). Shari'a law is applied if both parents are Muslims, or the father is Muslim. However, in the latter case, the spouse may reject the jurisdiction of a Shari'a court due to differences in religion, so a civilian court takes over the case. Islamic teachings have traditionally prescribed mediation to resolve disputes in society. Arbitration follows Law No. 31 of 2001, commonly referred to as the 'Arbitration Law.' The Jordanian Arbitration Law is mainly derived from the Egyptian Arbitration Act No. 27 of 1994, which is based on the UNCITRAL Model Law of 1985 on International Commercial Arbitration. The amendments introduced in 2018 have incorporated elements from the 2006 revisions of the UNCITRAL Model Law, enhancing alignment with international standards.

While Jordan 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 Mediation Law for Settling Civil Disputes (2006) provides that judges of civilian courts may refer disputes to mediation upon agreement of parties or at their request. The judge may refer the dispute to a mediating judge, a 'special mediator' appointed by the Minister of Justice, or a private mediator approved by the court. Family reconciliation offices of the Supreme Judge Department provide international family mediation service with the help of translators free of charge. The law establishes a judicial body called Mediation Department within the Court of Cassation, composed of mediation judges selected among first instance and reconciliation judges. The Minister of Justice may also nominate private mediators. Disputes, any agreement made between parties in a mediation session supervised by a judge, lawyers or other legal counsel will be considered as a reconciliation contract and enforceable as such. The Arbitration Law No. 31 of 2001 applies to all conventional arbitrations conducted within the borders of Jordan, as well as to any arbitration proceedings where the parties have designated the law as their governing framework.

Mediator Regulations

The Mediation Law for Settling Civil Disputes (2006) establishes that mediators can be mediating judges (selected among first instance and reconciliation judges), 'special mediators' appointed by the Minister of Justice, or private mediators approved by the court. The law establishes a Mediation Department within the Court of Cassation composed of mediation judges. The Minister of Justice may nominate private mediators. Family reconciliation offices of the Supreme Judge Department provide mediation services. Civil society organisations such as Arab Renaissance for Democracy & Development (ARDD-Legal Aid), Justice Centre for Legal Aid (JCLA), and Mizan for Law provide mediation services as part of their legal aid work. These organisations provide services regardless of race, religion, sex, age, social status or political belief, with special focus on vulnerable groups including refugees, women, and minority group members.

Cultural Approach

Islamic teachings have traditionally prescribed mediation in order to resolve disputes in society. This cultural preference has been buttressed by the Mediation Law for Settling Civil Disputes (2006) which provides a structural framework for mediation. Family mediation is legally recognised, commonly implemented and encouraged by the State. The traditional cultural preference for mediation has historically been undertaken on an ad hoc basis, but is now supported by robust legal frameworks. The presence of family reconciliation offices within the Supreme Judge Department indicates institutional support for mediation. Civil society organisations actively provide mediation services, particularly for vulnerable groups. The cultural approach values mediation as a means to resolve disputes amicably, with strong religious and cultural traditions supporting this practice.

Typical Costs

Family reconciliation offices of the Supreme Judge Department provide international family mediation service with the help of translators free of charge. Civil society organisations such as ARDD-Legal Aid, JCLA, and Mizan for Law provide free legal advice and mediation services to poor and vulnerable people. Specific fee structures for private mediators are not detailed in available sources. The emphasis on free mediation services through reconciliation offices and legal aid organisations indicates accessibility. No specific hourly or daily rates are documented in available sources. The provision of free services for vulnerable groups indicates cost effective access to mediation. No specific cost provisions for private mediators are documented in available sources.