Legal regulation of the plea of inadmissibility of the lawsuit due to prior agreement on mediation in Moroccan and Jordanian legislation

Abstract

This study attempts to clarify the legal organization of the plea of inadmissibility of the lawsuit due to prior agreement on mediation, because if the matter was straightforward when the opponents agreed to mediation after filing the lawsuit before the state judiciary, where the entire lawsuit file is referred to the mediation judges or to the private mediator, which results in the suspension of the lawsuit, but this issue is not that clear, if the parties agreed to mediation before filing the lawsuit in the same dispute before the state judiciary, does the defendant have the right in this case to plead inadmissibility of the lawsuit due to prior agreement on mediation before entering into the subject of the lawsuit, and does the lack of legal organization of the plea of inadmissibility of the lawsuit due to prior agreement on mediation keep the dispute under the authority of the state judiciary or does the judiciary refrain from considering the lawsuit at the request of the defendant as an effect of the binding force of the mediation agreement. The study concludes that the lack of legal organization of the contractual mediation was likely not to clarify the legal effect resulting from it if one of the parties to the dispute took the initiative to file the lawsuit before referring it to mediation, which necessitates the legal organization of the contractual mediation and clarifying the legal effect resulting from it preventing consideration The lawsuit.