In September 2008, Johanna Hawari-Bourjeily brings together CPM mediators to work on drafting a bill to introduce the practice of judicial mediation in Lebanon.
On June 15th 2009, Ms. Bourgély filed the project before the law modernization committee chaired by the Minister of Justice at the time H.E. Mr. Ibrahim Najjar
The mediators who participated in the drafting of the bill are: Johanna Hawari-Bourjeily, Georges Feghali, Carla Kassis, Marlène El Jurr, Nathalie Najjar, Jamil El Hajj, Marwan Issa El Khoury et Lina Chidiac.
The bill was approved by the government in April 2012 after they made some changes.
From 2012 to 2014, Me Georges Feghali was appointed by the CPM in charge of the judicial project. Took over in 2014, Me Rita Chammas (CPM Beirut branch) and Me Lina Sahmarani (CPM North Lebanon branch).
The law modernization committee has been working on a final version of the project who will then be submitted to the Parliament.
If adopted, it will provide an alternative to the litigants to resolve amicably their dispute.
Since 2009, several other bills on mediation have been submitted by other institutions.
A summary of the Bill's text
- During a trial, the mediation will facilitate the dialogue between the litigants so they reach a solution in accord with their needs and that can be transcribed into a Memorandum of Understanding.
- The mediation may be requested ex officio by the judge or by one of the parties. It must be approved by both parties.
- The chosen mediator must be qualified to accomplish his mission and should abide by the principles of neutrality and independence from the parties. He is bound by professional confidentiality. He has to make sure that all the proposals and transactions that occurred during the mediation are kept confidential.
- The mediator's remuneration is set by the judge at the end of the mediation and is divided between the parties.
For more details, see the full version of the bill and the explanatory memorandum introduced by the CPM:
- In french
- In arabic
If the dispute isn't related to a trial, conventional mediation could be the solution.