Introduction

Jordan has witnessed recently huge development and progress in all the
domains; especially in the economic sector. Moreover, the Jordanian
population has increased rapidly, which naturally raises the disputes
.between people and among the nation itself

Since judicial law is responsible for settling these disputes, it has been
quite clear and obvious that the number of judges available is insufficient
and cannot satisfy the quick demand of the civil and commercial disputes
run in Jordan and the world. Therefore, mediation has been created to
offer a better and amicable dispute settlement resolution for all the issues
.that arise in countries among its citizens

Definition of Mediation
A form of alternative dispute resolution (ADR), aims to assist two (or more)
disputants in reaching an agreement. Whether an agreement results or
not, and whatever the content of that agreement, if any, the parties
themselves determine the solution rather than accepting something
imposed by a third party. The disputes may involve states, organizations,
communities, individuals or other representatives with a vested interest in
.the outcome

Mediators use appropriate techniques and skills to open and improve

dialogue between disputants, aiming to help the parties reach an
agreement (with concrete effects) on the disputed matter. Normally, all
.parties must view the mediator as impartial

Mediation can apply in a variety of disputes, such as commercial,

legal, diplomatic, workplace, community and divorce or other family
.matters

History of Mediation in Jordan

As a matter of fact meditation has been known for a long time in the Arab
and Islamic world, specifically in Jordan through the conciliation courts
(mahakamt alsolh); which has been founded in 1952 in Jordan, in which a
judge acts as a mediator trying to resolve the case between the disputants
.without penalties on any of the parties

In 2003 a group of judges based on the recommendation of the Ministry of

Justice has discussed the idea of issuing a mediation law with the Prime
Ministry. And it has issued a temporary mediation law as a method of
.dispute settlement under No.37 which only deals with civil issues

In 2004, the Rule of Law Initiative, in conjunction with Jordan’s Ministry of

Justice, has been working to help increase the efficiency of Jordan’s court
 system, which has been embodied by expanding the role of mediation
.throughout the country

And in a real attempt to the mediation law, the Ministry of Justice has
organized with the help of the Dispute Resolution Center in USA to train
and develop the Jordanian judges and attorneys on using their skills to act
as mediators. However, it is worth mentioning that the court system in
Jordan is not a specialized; judges and attorney can acts as mediators and
.judges at the same time in all kind of cases and matters

In 2006 Jordan unveiled its first court mediation program, where Jordan’s
parliament passed a mediation law that offers litigants the option of
choosing mediation over litigation in civil issues. Moreover, Jordan has also
recently established a Mediation Center, which is located in the Palace of
.Justice

In 2007 the minister of Ministry of Justice has ordered to define new

centers for mediation in different courts around Amman and Alzarqa. So
that it would be an initiative to spread mediation courts and programs in
.all of Jordan by 2009

The mediation law 2006 for dispute settlement in civil issues in Jordan
:contains 14 acts; of the main acts I would like to mention the following

Types of Mediation according to the Jordanian Court

Judicial Mediation: it is applied when the "mediation judges"•
themselves are settling the dispute in the preliminary and
conciliatory cases. And they are assigned by the prime judge of
.the preliminary court
Private Mediation: it is applied when "expertise" like engineers,•
lawyers, judges, and professionals of well known reputation are
.assigned by Minister of Justice himself to settle a dispute
Agreement Mediation: it is applied once the disputants•
themselves assign a mediator to settle the dispute between
.them voluntarily

Cases where people resort to Mediation

Preliminary cases: the judge in the preliminary case relegates
the case to mediation, after meeting the disputants. Based on
their request or based on their approval the case is relegated to
.mediation to be settled
Conciliatory cases: the judge in the conciliatory case relegates
the case to mediation, after meeting the disputants. Based on
their request or based on their approval the case is relegated to
.mediation to be settled
 Mediation in Islam
Mediation and conciliation have been proved dispute settlement methods
applied in Islam since long time ago; since the prophet 's (PBUH) days till
now. There are multiple verses in the Quran that encourage using
mediation to resolve and disputes between Muslims themselves and
.Muslims with others

I will recite few incidents from the Prophet's era to proof my theory and
provide with real verses from the Quran as well. As for proof of legality of
mediation in the Sunnah, these are few incidents

The Prophet (PBUH)’s statement about the prisoners of the battle of Badr:
“If “Mutaam Ibn Adii” was alive and intercedes to free these prisoners, I’ll
do it for him”. The prophet willingness to made such favor to “Mutaam Ibn
Adii”, despite being a polytheist “Mushrik”, because “Mutaam” had
interceded for Rasulullah to enter Mecca from Taaif, when he was denied
the entrance by the tribes of Mecca. Furthermore, he was amongst the
prominent mediators to end the economic ostracism imposed on Muslims
and the tribe of Bani Hashim by the tribes of Mecca in the year 4 (BH

In the first year of Hijrah, when Rasulullah sent the first military
detachment (Sariyah Sayf al-Bahr under the command of Hamzah Ibn Abd
Al-mutalib), they intercepted a trading caravan headed by Abu Jahl. It
almost resulted in fighting, but for the mediation of Majdi Ibn Amr who was
an ally of both parties7

The mediation of Badil ibn Waqaa in the conciliation of Hudaybiyah made

between Rasulullah and the monotheists of Mecca in the 6th A.H
As for real verses from the Quran, it recites that it is recommended when
two spouses fight and find it difficult to settle the dispute between them ,
they can use the help of a mediator to settle the dispute
If a wife fears cruelty or desertion on her husband's part, there is no blame
on them if they arrange an amicable settlement between themselves; and
such settlement is best; even though human inner-selves are swayed by
greed. But if ye do good and practice self-restraint, Allah is well-
acquainted with all that ye do” (An-Nisaa:128

The prophet PBUH himself used to mediate his best friend Abu Bakr when
a dispute arises between him and his wife 'Aisha