Mediation in Mauritania

Quick Facts

• Legal Framework: The current Mauritanian legal system incorporates French civil Law and Sharia Law. Traditional and customary courts exist at the regional level in Mauritania. They are not regulated by the law, but th...
• Cultural Approach: The cultural approach to dispute resolution reflects Islamic traditions and customary practices. Traditional and customary courts handle the vast majority of disputes. Sharia law is integrated into th...
• Typical Costs: Traditional and customary dispute resolution may have different cost structures based on customary and Sharia practices. Formal court costs follow statutory provisions. Community-based mediation may i...

Mediation Research

Legal Framework

The current Mauritanian legal system incorporates French civil Law and Sharia Law. Traditional and customary courts exist at the regional level in Mauritania. They are not regulated by the law, but their decisions can be validated by Moughataa Courts. The vast majority of disputes are resolved through traditional and customary courts. Sharia, akin to Mauritania's customary law, has been made part of the formal legal system. The laws on judicial organization are silent on informal courts.

Court System

The court system includes Moughataa Courts with competence in penal matters limited to simple offences. Traditional and customary courts operate at regional level and their decisions can be validated by Moughataa Courts. The formal legal system incorporates both French civil law and Sharia law. Further research needed on specific court-annexed mediation programs.

Mediator Regulations

Specific mediator regulations and certification processes are not well-documented. Traditional community leaders may serve as mediators following customary and Sharia practices. Professional standards for formal mediators may be developing. Further research needed on mediator qualification requirements and regulatory framework.

Cultural Approach

The cultural approach to dispute resolution reflects Islamic traditions and customary practices. Traditional and customary courts handle the vast majority of disputes. Sharia law is integrated into the formal legal system. Community elders and religious leaders traditionally mediate disputes. The approach values consensus and community harmony within Islamic framework.

Typical Costs

Traditional and customary dispute resolution may have different cost structures based on customary and Sharia practices. Formal court costs follow statutory provisions. Community-based mediation may involve traditional compensation mechanisms. Costs may be determined according to Sharia principles and customary practices. Further research needed on specific cost structures.

States and Regions