Mediation In
Morocco

Legal Framework

Mediation in Morocco follows Law No. 95-17 on Arbitration and Conventional Mediation, adopted in June 2022 (Dahir n° 1-22-34 of 23 chaoual 1443, 24 May 2022). This law establishes a separate legal code for arbitration and mediation, independent from the Moroccan Code of Civil Procedure. It supplements and modernizes the provisions found in Articles 306 to 327-54 of the Moroccan Code of Civil Procedure, as amended by Law No. 08-05 of 30 November 2007. Law No. 95-17 provides a detailed description of legal regimes applicable to both domestic and international arbitration and mediation, including electronic procedures, simplified exequatur processes for enforcing awards, and provisions for arbitration involving public entities. The law aims to provide national and international investors with a modern and flexible legal framework aligned with international standards. Family mediation follows the Moudawana (Family Code) of 2004, which includes mandatory conciliation procedures for divorce cases.

Court System

Moroccan courts actively promote alternative dispute resolution. In family law matters, the Family Justice Section of the Court of First Instance conducts mandatory conciliation hearings for all divorce cases. The judge hears parties separately and together, seeks to understand causes of dispute, and proposes reconciliation solutions. If spouses have minor children, the Code provides for two conciliation attempts spaced at least thirty days apart. Where there are no children, a single attempt is sufficient. The judge may also refer parties to family mediation, a mechanism progressively developing in Morocco. For commercial disputes, judicial conciliation procedures are provided within courts. CIMAC (Casablanca International Mediation and Arbitration Centre) and other organisations offer mediation services alongside court proceedings. The distinction between domestic and international arbitration allows international arbitration to be subject to more flexible and permissive principles than those applied to domestic arbitration, even when the seat of arbitration is located in Morocco.

Mediator Regulations

Mediation in Morocco is primarily conducted through voluntary processes with neutral and impartial third parties. Law No. 95-17 establishes the framework for conventional mediation separate from arbitration. Mediators assist parties in finding negotiated solutions to their disputes. CIMAC provides mediation services according to its rules, which are available in multiple languages. The Moroccan International Chamber of Commerce has a dedicated arbitration institution through the Moroccan Court of Arbitration that may also handle mediation. Specific mediator accreditation and certification requirements are not extensively detailed in available sources, but professional mediators operate through institutional frameworks like CIMAC. The Ministry of Justice has supervised projects to integrate mediation into the Moroccan legal system, indicating ongoing development of mediator standards.

Cultural Approach

Morocco's cultural approach to mediation is influenced by its civil law legal system combined with Islamic law principles, particularly in family matters governed by the Moudawana (Family Code). The mandatory conciliation process in divorce cases reflects cultural emphasis on reconciliation and family harmony. Family mediation is progressively developing in Morocco, showing increasing acceptance of consensual dispute resolution methods. The legal system's distinction between domestic and international arbitration demonstrates openness to international standards while maintaining cultural sensitivity. The involvement of religious and customary principles in family law disputes reflects integration of traditional dispute resolution mechanisms with modern legal frameworks. The Ministry of Justice's support for mediation integration indicates institutional commitment to alternative dispute resolution aligned with cultural values.

Typical Costs

Court fees for family matters are modest, ranging from 150 to 300 dirhams depending on the type of procedure. Commercial mediation costs through institutions like CIMAC follow their fee schedules, though specific rates are not detailed in available sources. The cost savings compared to litigation are significant as mediation avoids lengthy court proceedings, especially in major cities like Casablanca, Rabat, and Marrakech where court backlogs significantly lengthen timelines. Judicial conciliation procedures within courts are typically included in court fees. The emphasis on alternative dispute resolution methods aims to provide cost effective solutions for businesses and individuals. CIMAC and other institutions offer structured fee schedules for their mediation services.