ORGANIZATION FOR THE HARMONIZATION
OF BUSINESS LAW IN AFRICA
Benin Burkina Faso Cameroon RCA Comores Congo Ivory Coast Niger Senegal Guinée Conakry Equatorial Guinee Mali Gabon Guinée Bissau Democratic Republic of Congo Chad Togo

Uniform Act on Mediation

Date and place of adoption: November 23, 2017 in Conakry (Guinea)

Date of publication in the Official Journal of OHADA: December 15, 2017

Date of entry into force: March 15, 2018

 

Adopted on November 23, 2017, the Uniform Act on Mediation (UAM) is the tenth uniform text adopted by OHADA. The new text fills the legislative void that existed in most OHADA Member States in the area of mediation which is an amicable mode of disputes settlement.

Inspired by the UNCITRAL Model Law on International Commercial Conciliation, the UAM adopts a broad definition of mediation, conceived as "any process, whatever its name, in which the disputing parties request a third party to assist them in reaching an amicable settlement of their dispute, conflictual relationship or disagreement [...] involving natural or legal persons, including public entities or States ". The text also regulates the mediation process and sets out the guiding principles for the conduct of a mediation: respect for the will of the parties, moral integrity, independence and impartiality of the mediator, confidentiality and effectiveness of the mediation process. Important provisions are also devoted to the execution of a mediation agreement.

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