From Initiation to Settlement: A Comparative Study of the Commercial Mediation Process in Afghanistan, Iran, and the Singapore Convention on Mediation (2019)

Abstract

With the increasing use of mediation in resolving commercial disputes, understanding its procedural structure and framework within different legal systems has become essential. Proper comprehension and accurate implementation play a decisive role in the development and success of this method. This research aims to elucidate the process of commercial mediation in the laws of Iran and Afghanistan, as well as the Singapore Convention 2019, and addresses the central question of how the mediation process is designed and regulated within these three frameworks. Employing an analytical‑descriptive approach, this article explains and describes this subject within the mediation procedures of Iranian and Afghan law, and the Singapore Convention 2019. The findings indicate that in all three aforementioned legal systems, there is no specific and mandatory procedure for commercial mediation akin to civil or criminal procedural law. Instead, the will of the parties governs all stages of the mediation process - from selecting the mediator to the manner of proceedings and its termination. In the absence of party agreement, the mediation institution or competent authority conducts the proceedings based on its own discretion. However, this autonomy is confined within the framework of respecting public policy and mandatory legal principles, and violation thereof leads to the dissolution of the mediation. The ultimate finding of the research reveals a significant convergence among these three systems in adopting a flexible, consensual, and non‑formalistic model for commercial mediation.