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ARTICLE · 28 DECEMBER 2017

OHADA's 17 African States Adopt The Uniform Act On Mediation

Jones Day
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In November 2017, 17 states of sub-Saharan Africa adopted the Uniform Act on Mediation.

GlobalLitigation, Mediation & Arbitration
Javade Chaudhri
Javade Chaudhri
Remy Fekete
Remy Fekete
Pierre Heitzmann
Pierre Heitzmann
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In Short

The Situation: In November 2017, 17 states of sub-Saharan Africa adopted the Uniform Act on Mediation.

The Result: The practice of mediation, although it already has legislative support in Burkina Faso, Ivory Coast, and Senegal, will be substantially expanded in the region with the OHADA states' adoption of the Uniform Act on Mediation.

Looking Ahead: Will the new mediation act enhance the security of doing business and facilitate alternative dispute resolution in sub-Saharan Africa?

In many parts of the world, mediation has become a strong tool for achieving the resolution of commercial disputes. It derives from the ancient tradition of palaver ("la palabre"), which is well known on the African continent. In modern business transactions, in particular long-term contracts, mediation has become part of a "package" to which parties agree in order to attempt to reach a solution early on and prevent a conflict from escalating to the point of arbitration

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