A Comparative Study of Judicial Procedures to Mediation Clause: The Necessity of Reviewing the UNCITRAL Model Law

Mediation, by its nature, is perceived as a crucial process with significant potential for conflict resolution. However, in Iran, it is not widely utilized, particularly in the settlement of international commercial disputes. Among the primary obstacles in this regard is the lack of specific legislation within domestic law. The UNCITRAL Model Law on Mediation was formulated to address this; however, it cannot serve as a comprehensive model for all countries with varying legal systems. One of the main challenges facing this institution is the limited enforceability of mediation clauses. This article, adopting an applied goal and a descriptive-analytical method, examines and addresses this challenge, aiming to propose solutions based on comparative study of international procedures to enhance enforcement support and strengthen the legal standing of mediation. Ultimately, it is found that when a party fails to comply with a mediation clause, binding approaches are preferable. If one party initiates the main lawsuit directly in court or arbitration without considering the mediation clause, the preferred approach, depending on the relevant jurisdiction, is to apply preventive measures. Overall, establishing legal safeguards within domestic law, modeled after the UNCITRAL Model Law on Mediation, is essential but not sufficient, as this law has limitations.