The Syrian Ministry of Justice is moving to activate judicial mediation as a legal pathway complementary to traditional judiciary, enabling the amicable settlement of disputes through dialogue and negotiation. This aims to alleviate pressure on courts, shorten the duration and costs of litigation, and preserve rights, family relations, and commercial ties.
The draft law on judicial mediation, currently under discussion, offers disputing parties the opportunity to reach amicable solutions with the assistance of a neutral third party, particularly in financial, family, commercial, and contractual disputes, while preserving the parties' right to resort to the judiciary and the legal guarantees provided to them.
A Step to Develop the Justice System
Mohammed Ali Al-Taweel, the Syndic of Lawyers in Syria, affirmed that the draft law represents an important step in developing the justice system, stressing the need to regulate it to ensure integration with the judiciary and to preserve the status and jurisdiction of the legal profession. Al-Taweel clarified that mediation relies on disputing parties enlisting a neutral third party to bring viewpoints closer and help them reach an amicable settlement. Unlike a judge who issues a binding judgment or an arbitrator who issues an arbitral award, a mediator does not have the power to impose a solution on the parties or issue rulings.
He pointed out that mediation does not conflict with the legal profession; rather, it opens new fields of work for lawyers, shifting their role from managing litigation to contributing to finding legal solutions, while emphasizing the need to distinguish between the neutrality of the mediator and the legitimate legal advocacy of a lawyer defending their client's rights. Al-Taweel outlined five main demands for the Syndicate to ensure the law's success, including guaranteeing the right to enlist a lawyer and their attendance at mediation sessions, regulating the profession and its qualification and licensing conditions, protecting the exclusive jurisdiction of lawyers in providing legal advice, regulating fees by considering mediation an independent professional practice, and ensuring that settlements result from the free will of the disputing parties.
Alleviating Litigation Burdens and Supporting Investment
For his part, Samer Al-Abd, Director of the International Cooperation Directorate at the Ministry of Justice, clarified that activating judicial mediation constitutes an important step in developing Syria's justice system due to the procedural and economic results it can achieve. He indicated that the draft law falls within the 2025–2026 Judicial Advancement and Reform Plan and the Access to Justice Program. He noted that the Ministry's vision extends beyond issuing legislation to preparing the necessary environment for mediation's success through training, capacity building, and securing logistical and technical requirements, linking it effectively to the justice system.
Al-Abd stated that mediation contributes to the amicable settlement of disputes, reducing the accumulation of lawsuits, and saving time, effort, and costs for litigants, in addition to preserving relationships between parties. It also provides a flexible means to resolve commercial and contractual disputes, thereby enhancing confidence in the legal environment, supporting transaction stability, and encouraging investment. He pointed out that the Ministry is currently discussing the draft project with relevant stakeholders, paving the way for a participatory path with concerned entities to build an integrated national system for judicial mediation. He clarified that the Ministry has discussed the project with the Syndicate of Lawyers to listen to their observations and proposals.
A Fundamental Role for Lawyers in Regulating Mediation
For her part, Radhaa Abdoush, a member of the Council of the Syndicate of Lawyers in Syria, noted that the project contributes to consolidating a culture of settlement instead of litigation, reducing the accumulation of cases, and protecting family and commercial relations. Furthermore, it opens new fields of work for lawyers to transition to "preventive law," either by representing clients to ensure the drafting of balanced and enforceable clauses, or by working as certified mediators after qualification and training. Abdoush stressed the necessity for the Syndicate to play a fundamental role in regulating mediation and controlling its mechanisms, warning against the potential marginalization of the lawyer's role or the emergence of unfair competition if the door to practicing mediation is opened without requiring specialized legal and academic standards, given the danger of entrusting the drafting of agreements to non-legal professionals.
The Ministry of Justice organized the First National Conference on Judicial Mediation in Damascus on August 18, with the participation of ministers, officials, experts, judges, legal professionals, and members of the People's Council, to discuss the role of mediation in developing the justice system and activating alternative and flexible means for dispute resolution.
Source: Syrian Arab News Agency (SANA)
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