Judicial mediation and the governance of administrative contract disputes: The legal possibilities under Jordanian and UAE legislation

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Abstract

The increasing complexity of administrative contract disputes necessitates alternative resolution methods. This study examines the potential for judicial mediation under Jordanian and UAE legislation, highlighting legislative gaps and drawing comparisons with other systems. Utilizing a black letter and comparative methodology, this study identifies the absence of explicit legal provisions for judicial mediation in administrative contexts and analyzes potential pathways for integration. The findings reveal that mediation, although not explicitly addressed, can align with public order principles to facilitate dispute resolution without undermining administrative legality. Embracing judicial mediation can enhance procedural efficiency and investor confidence, and contribute to a more effective governance framework. This analysis aligns with previous findings on alternative dispute resolution in administrative law (Hama, 2019; Pappas, 2023). The study concludes with recommendations for legislative reforms to embed mediation as a viable option for administrative contract disputes.

Keywords: Administrative Dispute, Judicial Mediation, Administrative Contracts, Mediation Agreements, Governance

Authors’ individual contribution: Conceptualization — A.A.A.D. and M.A.A.; Methodology — A.A.A.D. and M.A.A.; Validation — A.A.A.D. and M.A.A.; Formal Analysis — A.A.A.D. and M.A.A.; Investigation — A.A.A.D. and M.A.A.; Resources — A.A.A.D. and M.A.A.; Writing — Original Draft — A.A.A.D.; Writing — Review and Editing — M.A.A.; Supervision — M.A.A.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K12, K23, K33, K41, K42, D73, O53

Received: 01.07.2024
Accepted: 06.02.2025
Published online: 10.02.2025

How to cite this paper: Al Dalaien, A. A., & Aladaseen, M. A. (2025). Judicial mediation and the governance of administrative contract disputes: The legal possibilities under Jordanian and UAE legislation. Corporate Law & Governance Review, 7(1), 111–122. https://doi.org/10.22495/clgrv7i1p10