Legal Strategies for the Development of Commercial Mediation in the Legal Systems of Afghanistan and Iran

Abstract

Background and Objective: Commercial mediation, as an alternative method of dispute resolution, relies on the intervention of an independent and impartial third party to facilitate agreement between the parties and contribute to the preservation of commercial relationships. Given the growing importance of mediation in resolving commercial disputes and the need to strengthen its legal framework in Iran and Afghanistan, this study aims to examine legislative, institutional, and international strategies for promoting and developing commercial mediation in the two countries.

Method: This study employs a descriptive-analytical method based on library research. To examine the subject, the relevant laws and legal instruments governing mediation in Iran and Afghanistan, the UNCITRAL Model Law and rules on mediation, and the provisions of the Singapore Convention on Mediation concerning international commercial settlement agreements resulting from mediation were comparatively analyzed.

Findings: The findings indicate that the development of mediation at the national level requires the reform and completion of domestic legal frameworks, drawing on the experience and rules of UNCITRAL, strengthening oversight of the performance of mediators and mediation institutions, and fostering an appropriate legal culture accompanied by legislative incentives. At the international level, accession to the Singapore Convention can provide an effective mechanism for the recognition and enforcement of international commercial settlement agreements resulting from mediation, thereby contributing to greater harmonization between the legal systems of Iran and Afghanistan.

Conclusion: The development and consolidation of commercial mediation in Iran and Afghanistan require a coherent and simultaneous approach at both the national and international levels. Reforming domestic legislation, establishing effective oversight mechanisms, promoting a culture of mediation, and providing appropriate legal incentives, together with accession to the Singapore Convention and the adoption of relevant international standards, can enhance the credibility, effectiveness, and enforceability of mediation and, consequently, facilitate the resolution of commercial disputes and the preservation of commercial relationships between the parties.