A CEMA Centre is born

With the entry into force of Law no. 08-05 relating to mediation and arbitration promulgated by Dahir 1-07-169 of November 30, 2007, recourse to Alternative Dispute Resolution (ADR) methods has become a necessity in the measure of an amicable settlement of commercial disputes. In this context, the Euro-Mediterranean Centre for Mediation and Arbitration (CEMA) was born in 2009 in Morocco, with the main vocation of popularising alternative dispute resolution methods among both large and small and medium-sized enterprises. Since then, several regional branches of CEMA have been established in different cities of Morocco. The latest is that of the central region, whose launch ceremony took place on May 25 in Fes.

Organised by CEMA and its partners, the CGEM and the International Finance Corporation (IFC), this meeting was an opportunity to shed light on the various missions of the centre. With the main objective of calming conflict situations, CEMA has three main missions, namely the popularisation of alternative dispute resolution methods and the dissemination of the culture of mediation through events intended for companies and liberal professions, the processing of mediation and arbitration requests on the basis of the CEMA mediation and arbitration regulations, as well as the training of arbitrators and mediators through seminars and conferences organised in partnership with professional organisations. The launch ceremony of the CEMA-Centre also constituted an opportunity to familiarise the various economic operators in the region with ADRs and to put at their disposal new tools quite within their reach, which would allow them to settle a large number of their disputes, whether professional, social or family. Master Salim Bensaid, president of the legal commission, CGEM central north region explained in this context that mediation presents numerous advantages for companies in the resolution of their disputes. "Besides the freedom of consent, mediation is notably characterised by confidentiality, as well as the establishment of lasting relationships. Mediation is in a way a restorative justice which plays, through a mediator, the role of catalyst which accompanies the parties in their reflections to help them take their decisions themselves," he indicated. And to add, "mediation has become in countries such as Canada and Switzerland a real culture. We must have in Morocco an awareness to popularise the culture of mediation instead of imposing a decision and a verdict through justice. In this measure, we must succeed in making dialogue triumph over confrontation and trust over mistrust, through healthy and lasting relationships. Companies must therefore have the reflex to resort to mediation before any other path of conflict resolution." For his part, Faical Mekouar, vice-president of CEMA, pointed out that mediation is a managerial option that meets a need for cost reduction, through risk management. "Recourse to mediation contributes to the reduction of direct and indirect costs of resolving commercial disputes, which thus allows companies to resolve their disputes in an efficient and less costly way. Indeed, according to figures from the International Finance Corporation, more than 900 mediation cases were recorded in Morocco in 2011, of which 750 cases were resolved, i.e. a success rate that is around 80%. Thanks to mediation, the amount of assets unlocked in 2011 is estimated at some 800 million DH," he specified.

Since 2007, the International Finance Corporation (IFC) has been working with its Moroccan partners, public and private (Ministry of Trade, Industry and New Technologies, Ministry of Justice, CGEM, AFEM, etc.), within the framework of a project that consists of ensuring the necessary conditions for the establishment of Alternative Dispute Resolution (ADR) methods in Morocco, in order to decongest the courts and make life easier for investors. Since then, the IFC has trained more than 100 mediators and 14 trainers who currently work in Morocco and has raised awareness among several practitioners, entities in the public and private sectors, through the organisation of round tables, national and international conferences and sectoral workshops.

Provider / Source : Afaf Razouki, Le Matin