EMPIRICAL FINDINGS ON JUDGES' EXPERIENCES AND PERCEPTIONS OF COURT-BASED MEDIATION IN JORDAN

Abstract This paper explores the challenges that undermine the use of mediation in Jordan. The main goals of this article are to fill in the gaps in the Jordanian literature regarding the use of mediation and, significantly, to learn how mediation works within the Jordanian civil justice system. The study employs a qualitative approach in conducting semi-structured interviews with seventeen Jordanian judges with experience in court-based mediation, to gain insight into their perspectives and experiences in engaging in the practice of court-based mediation. The findings of the empirical study identified several barriers to the use of mediation in Jordan, mainly the lack of a court duty or power to encourage the use of mediation, lack of statutory and professional duty upon lawyers to encourage their clients to attempt mediation before litigation, and the lack of mediation education, training and awareness among stakeholders (judges, lawyers and public). Furthermore, the study explores the concept of access to justice and mandatory mediation. The study concludes that these obstacles can, potentially, be overcome. This would involve imposing a duty on the court to encourage the use of mediation and vesting the court with the power to impose costs sanctions on parties for refusing to attempt mediation unreasonably. Lawyers and the parties involved would help the court to further the overriding objective of the CPR by engaging in mediation, and by increasing mediation education, training and awareness among stakeholders. Accordingly, the study presents a theoretical and practical framework for the further development of court-based mediation in Jordan.