Experts back activating mediation and arbitration

Moroccan legal and business experts are urging a shift from legislative reform to practical implementation of alternative dispute resolution (ADR) methods, including arbitration and mediation. They stress that the current challenge lies not in enacting new laws, but in effectively integrating existing frameworks into judicial, economic, and academic spheres to boost efficiency and investment appeal.

During a seminar in Casablanca, participants agreed that Morocco's legal framework for ADR is advanced following recent reforms. However, the real test is transforming these mechanisms into daily practices for legal actors and the business community. Abdelatif Wardan, a counselor at the Casablanca Court of Appeal, highlighted that arbitration and mediation are no longer mere alternatives but complementary tools that keep pace with economic changes and foster trust in the legal environment.

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The arbitration and mediation are no longer just an alternative to traditional justice, but have become complementary mechanisms for the justice system, keeping pace with economic transformations and contributing to consolidating trust in the legal environment.

Wardan explained that these systems offer faster, more flexible dispute resolution, particularly for commercial and economic cases, while preserving professional relationships. He emphasized the importance of collaboration between courts, professionals, and specialized institutions to develop the field. He also noted that resorting to ADR alleviates pressure on courts, allowing them to focus on cases requiring direct judicial intervention.

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Investors are primarily looking for a legal system that provides speed, clarity, and legal security, and arbitration and mediation contribute to meeting these requirements, in addition to reducing the time limits for resolving disputes.

Abdelatif Ait Boujbir, vice president of the Moroccan Bar Association, pointed out that investors prioritize speed, clarity, and legal security, all of which ADR methods provide by reducing resolution times. He observed a significant change in how ADR is perceived, moving from marginal solutions to essential components of the judicial and economic system. He encouraged businesses to incorporate ADR into their contractual strategies proactively.

Manal Rabaj, president of the Moroccan Institute for Mediation and Arbitration, stated that Law No. 95.17 marked a qualitative leap in regulating ADR in Morocco. She identified current challenges as cultural and practical rather than legislative. Rabaj stressed the need for training judges, lawyers, and legal advisors, raising business awareness, and embedding mediation clauses in commercial contracts. She called for a mobilization of all stakeholders to make ADR an institutional culture, utilized from the first signs of conflict.

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The challenges are no longer legislative, but have become cultural and practical.