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Alternative Dispute Resolution-ADR Programme

Morocco is undergoing a fast-paced reform process leading toward a stronger system of transparency, good governance and rule of law. The government's reform agenda includes various sectors and organs of the state. Particular attention is being paid to the Judicial Branch of government as one independent and empowered arm for Justice. The reforms include the need for faster and more efficient legal proceedings and a resilient court system equipped and able to handle the increasing number of civil cases each year.

In October 2003, Search for Common Ground-Morocco and the British Embassy in Rabat launched a program entitled "Strengthening Morocco's Judicial and Administrative Reforms". This program aims at introducing alternative dispute resolution (ADR) mechanisms in Morocco.

ADR includes all the means outside the judicial system pertaining to resolving disputes, ranging from mediation to arbitration. The purpose of ADR is to facilitate constructive relationships between protagonists, alleviate legal procedures, prevent long court delays, and reduce the cost of legal cases. ADR offers newly developed mechanisms and alternatives that greatly assist judges, barristers and legal experts in expediting legal cases, finding creative legal ways to solve court issues and facilitate the unclogging of institutional bottlenecks that usually characterise classic legal systems.

This project has been divided into three phases: ADR1, ADR2 and ADR3. Overall, it will probably take 4 to 5 years to reach the final goal of improving the justice administration in Morocco through institutionalizing mediation in Morocco.

The first phase ADR1:

This first phase (October 2003- October 2005), mainly focused on Ministry of Justice (MoJ) officials and judges. During this period, efforts had been dedicated to:

  • Secure the buy-in of the MoJ for ADR

  • Increase the awareness, knowledge and understanding of ADR among judges (training workshops both in Morocco and in the UK).

  • Work with the MoJ to institutionalize ADR (strategic planning sessions). A Memorandum of Understanding between the Minister of Justice and the Director of Search for Common Ground in Morocco,was signed on February 20th 2004 in the presence of the Ambassador of the United Kingdom in Rabat, representing the British government that funded the project.

Please click here to download the ADR report appendices [pdf].

The second phase ADR2:

This stage is oriented mainly towards lawyers and civil society. It aims, during 15 months (December 2005- February 2007), to:

  • Increase the knowledge of ADR among CSOs and lawyers, by providing training in mediation and ADR techniques.

  • Promote communication between different stakeholders (CSOs, lawyers, judges and MoJ) to set the ground for a future collaboration.

  • Reduce the resistance to the ADR mechanisms among lawyers.

On the occasion of the launch of the second phase of the program, a ceremony of the signature of a new Memorandum of Understanding took place on December 6, 2005 at the Ministry of the Justice in Rabat between the Minister of Justice, the Director of Search for Common Ground in Morocco, again in the presence of the Ambassador of the United Kingdom in Rabat.

The third phase ADR3:

The ADR 3 project logically and chronologically follows the work of the two previous phases.

The Ministry of Justice has called on SFCG to help build confidence in the new system and reach out to the public at large. There is indeed a need for specialist knowledge to further reinforce Moroccan mediators and trainers of mediators' skills.

This phase has an implementation period of 16 months (October 2006- February 2008), and aims at help build local capacity in mediation and reach out to the public at large through:

  • Training workshops in advanced mediation skills (train a pool of 60 trained mediators and 20 trainers of mediators).

  • Designing a training program (training manual for Moroccan mediators and pedagogical tools).

  • A two-day national outreach conference to raise public awareness on mediation

  • Producing a documentary film as well as a comic book on mediation.

SFCG is currently implementing the second phase of the ADR program which aims at getting stakeholders' buy-in particularly through training and awareness raising workshops for lawyers and Civil Society Organisations. A bill on Mediation is now being discussed in parliament, and is expected to be promulgated in the coming months.

Please click here to read: Judicial body representatives discuss new bill on mediation.

Please click here to read: SFCG director New draft bill on Mediation before Parliament