Mediation in Rufisque Department, Dakar

The Olive Branch in Rufisque Department

The Olive Branch provides professional mediation services to clients in Rufisque Department and throughout Dakar . Our experienced mediators work remotely to help you resolve disputes efficiently and effectively, saving you time, money, and relationships.

Whether you're dealing with commercial conflicts, family matters, or workplace disputes, we offer a neutral, confidential space where all parties can speak freely and work toward mutually beneficial solutions. Our approach is grounded in real-world experience and a deep understanding of the challenges businesses and individuals face.

We understand that every dispute is unique. That's why we tailor our mediation process to your specific circumstances, ensuring that the resolution you reach is practical, lasting, and fair to everyone involved.

Senegal

Legal Framework

Mediation and conciliation in Senegal are governed by the Decree on mediation and conciliation of the draft rules of procedure. Senegal recognises mediation and conciliation as alternative dispute resolution methods. Senegalese jurisdiction recognises judicial, ad hoc or institutional mediation. Arbitration in Senegal is governed by the OHADA Uniform Act on Arbitration Law dated 11th March 1999, which governs any arbitration taking place in an OHADA member state. The Uniform Act is framed on the UNCITRAL Model Arbitration Law. Domestic sources of arbitral law in Senegal also include Decree no. 98-492 which repeals Book IV of the second section of the New Code of Civil Procedure to replace items numbered 795 to 820, and Law no. 98-30 dated 14th April 1998 which includes a seventh Book to the second section on the Code of Civil and Trade Obligations. Senegal is an OHADA member state, meaning the OHADA Uniform Act applies. Senegal ratified the New York Convention in 1994.

Court System

When parties reach a total or partial agreement on dispute submitted to mediation or conciliation, this agreement is formalized by a written document entitled 'mediation agreement' or 'conciliation agreement' under Article 35 of the Decree on mediation and conciliation. This document must be dated and signed by parties and by mediator or conciliator, giving the agreement probative value and, depending on case, may be enforceable by approval of competent court. Recourse to mediation or conciliation is based on autonomy of parties under Article 4 of the Decree. Parties are under no obligation to initiate mediation or conciliation procedure unless contractual clause expressly requires them to do so. If amicable procedures fail, parties retain option of bringing dispute before competent courts for judicial resolution or arbitration. Where express contractual clause requires prior recourse to ADR, competent court will ensure clause is complied with before examining case. Ad hoc or institutional mediation can begin on day most diligent party implements any written or unwritten mediation agreement according to Article 4 of OHADA Uniform Act on Mediation. Mediation can also take place at request of state court or arbitral tribunal with agreement of parties, by suspending proceedings. State court or arbitral tribunal sets time limit for suspending proceedings in accordance with Article 4 of OHADA Uniform Act on Mediation. In judicial mediation, State court seized of matter appoints mediator, fixes costs in agreement with parties and orders deposit of amounts in hands of chief clerk of court or competent body of State Party.

Mediator Regulations

Mediation and conciliation are subject to principle of confidentiality. Parties may sign Non-Disclosure Agreement (NDA) to protect confidential information. Article 13 of Uniform Act provides that parties determine, either directly or by reference to mediation rules, costs of ad hoc or institutional mediation, including mediator's fees. In judicial mediation, State court appoints mediator and fixes costs in agreement with parties. If party fails to pay its share of fixed costs, other party is allowed to pay its share so mediation can proceed. If no payment is made within time limit set by judge, his decision shall be null and void and legal proceedings shall resume. Specific mediator certification requirements, training programs, and regulatory bodies are not extensively documented in available sources. The OHADA Uniform Act on Mediation provides framework for mediation procedures.

Cultural Approach

Senegal recognises mediation and conciliation as alternative dispute resolution methods with judicial, ad hoc or institutional mediation available. The legal framework emphasises party autonomy in recourse to mediation or conciliation. Parties are free to attempt to resolve disputes amicably with assistance of mediator or conciliator. The cultural approach values consensual dispute resolution methods. Mediation and conciliation are subject to principle of confidentiality, indicating cultural preference for private dispute resolution. The OHADA framework provides regional harmonization of ADR mechanisms across member states.

Typical Costs

According to Article 13 of Uniform Act, parties determine, either directly or by reference to mediation rules, costs of ad hoc or institutional mediation, including mediator's fees. In judicial mediation, State court seized of matter appoints mediator, fixes costs in agreement with parties and orders deposit of amounts in hands of chief clerk of court or competent body of State Party. If party fails to pay its share of fixed costs, other party is allowed to pay its share so mediation can proceed. No specific hourly or daily rates for mediators are documented in available sources.

Sources

Country Sources

• Senegal - Global Guide to Alternative Dispute Resolution (organization)
• Senegal - Arbitration Law and Practice in Africa (organization)
• Senegal | Addleshaw Goddard LLP (organization)
• Arbitration Guide IBA Arbitration Committee SENEGAL December 2015 (organization)
• Legal 500 Country Comparative Guides 2024 Senegal International Arbitration (organization)
• Dispute Resolution in Senegal (organization)
• New York Convention - Senegal (organization)
• Singapore Convention on Mediation - Jurisdictions (organization)