MEDIATION AND ARBITRATION CENTER


I - Mediation

Mediation is an amicable, voluntary and confidential dispute resolution process.

Objective

The objective: to offer the parties in conflict the intervention of an independent and impartial third party trained in mediation, who will help them to reach an optimal negotiated solution, and in any case in accordance with their respective interests, putting an end to the dispute. The mediator is neither a judge nor an arbitrator, but rather a “catalyst” whose mission is to facilitate and enable negotiations between the parties in order to help them find a solution to their dispute themselves. It is not, therefore, his or her role to decide the dispute.

Benefits of Mediation

  • Saving time
  • Controlled cost
  • Confidentiality of all discussions and agreement reached
  • Preservation of relations between the parties
  • Creativity of solutions
  • Total control of the solution
  • Facilitation of communication and social dialogue in companies
  • Suspension of limitation periods

Areas of application of mediation at the Marrakesh Mediation Center

Whether for conflicts encountered with a co-contractor (supplier, service provider, customer, franchisee, etc.), internal company conflicts, or collective conflicts, mediation offers solutions in a number of areas.

II - Arbitration

Arbitration is a jurisdictional mode of dispute resolution, regulated by the Code of Civil Procedure (306-327). It consists of submitting a dispute, by contractual means, to an arbitral tribunal composed of one or three arbitrators, who decide the dispute definitively by issuing an arbitral award.

The Marrakesh Mediation Center (MMC): aims to encourage recourse to arbitration by providing all companies with a tailor-made, rapid and flexible procedure for settling their disputes definitively.

Speed

The time limit within which the award shall be made shall be fixed by the parties or, failing that, by the Arbitration Rules.

Confidentiality

All information exchanged during the proceedings, as well as the arbitral award, shall be confidential.

Freedom of choice of arbitrator(s)

The (MMC) has at the disposal of the parties a large number of qualified arbitrators approved by the Center, who may be appointed according to the criteria and wishes of the parties and their counsels.

Mandatory and enforceable court decision

At the end of his mission, the arbitrator shall give a decision called an arbitral award, the effects of which shall be equivalent to those of a judgment rendered by a judicial authority. Any arbitral award shall be made in the first and last instance. The most diligent party shall apply to the court for enforcement within 7 days. The court may refuse homologation only on one of the following grounds :
:

  • the subject-matter of the dispute is a matter of public policy
  • The ability of the parties
  • invalidity of the agreement
  • non-compliance with the rules on notifications
  • exceeding the power conferred on the arbitrators by the arbitration clause
  • Failure to comply with the method of appointment of the arbitral tribunal in accordance with the arbitration clause.

Economic justice: the arbitrators’ fees and the court’s administrative costs are proportional to the value of the dispute and determined according to a public scale.