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The role of the mediation attorney companion in Algerian law
Unlike many legal systems around the world that allow for the status of ‘lawyer-mediator,’ meaning the possibility for a lawyer to be appointed as a mediator in a dispute in which they are not affiliated with either party, Algerian law, which has strictly regulated the profession of judicial mediator (Law 09-08 and Executive Decree 09-100), does not authorize lawyers to be appointed in this capacity (National Union of Lawyers, April 16, 2009). However, in accordance with the legislative and regulatory texts governing the legal profession, Algerian law allows your legal counsel to accompany you during the mediation process for the purpose of :
1. Your lawyer informs you…
The mediation attorney companion first informs you of the existence of peaceful conflict resolution methods and presents the option of mediation, while explaining its advantages, particularly the speed of the process and the lower cost compared to years of legal proceedings. It is also their responsibility to discuss with you to determine whether your case is eligible for mediation or not.
2. Your lawyer advises you…
Considered as a mediation companion, the role of the lawyer is not to fuel the conflict between you and another party but rather to work towards calming it by analyzing it from all its legal, human, and psychological dimensions. Drawing on their judgment, understanding of the case, and comprehension of the psychology of the parties, the mediation attorney companion will help you navigate the conflict in a peaceful manner. To do so, they will recommend, based on the nature of your case, the most suitable mediator for your situation and prepare you for the mediation process.
3. Your lawyer accompanies you…
Once convinced to proceed with mediation, your lawyer will accompany you throughout the process. This begins with contacting the other party’s lawyer to convince them to accept mediation. The mediation attorney companion will also be tasked with anticipating any difficulties you may encounter during the mediation process; they may even, if needed, attend mediation meetings with you and continue to do so until the drafting of the agreement.
4. Your lawyer safeguards your interests…
Once you and the other party have reached an amicable solution to the problem, your mediation attorney companion will evaluate the effectiveness of the agreement, ensure its balance, and ensure that it preserves your interests.
5. Your lawyer drafts the mediation agreement…
Once the solution agreed upon with the other party is accepted, your mediation attorney companion will draft the agreement protocol under the supervision of the mediator and the other party’s lawyer. Finally, it will be their responsibility to monitor the implementation of this agreement protocol and, if necessary, have it approved by the competent court.
TOUALBI Issam
Mawyer Mediation Advisor
Specialized Legal Advisory Firm in Amicable Dispute Resolution Methods
59 Appremont, Rostomia, Bouzareah, Alger 16000.
(00213) 773.36.91.43
contact@toualbi-avocat.net