Non-judicial settlement mechanisms for resolving administrative contract disputes in Lebanese law

Abstract

Abstract: Summary:Administrative contracts in Lebanon, like other countries, witness disputes that may hinder their implementation or lead to disagreements between the contracting parties. To avoid resorting to the judiciary, which may take a long time and cost a lot of money, the parties resort to non-judicial settlement mechanisms. One of the most important non-judicial settlement mechanisms in Lebanese law is negotiation, which is a direct friendly mechanism between the disputing parties, where each party is called upon to achieve its interests through dialogue and exchange. Negotiation is considered one of the oldest and simplest means of resolving disputes, and is characterized by its flexibility and speed. The parties can resort to negotiation at any stage of the dispute, even after resorting to the judiciaryMediation is also considered an amicable mechanism in which a neutral third party (the mediator) undertakes the task of bringing together the viewpoints of the disputing parties. The mediator helps the parties reach a compromise solution that satisfies all parties. The mediator does not have the authority to issue an arbitration decision binding on the parties, but rather his role is limited to facilitating the negotiation process. As for arbitration, it is an alternative mechanism to the judiciary, where the disputing parties agree to refer the dispute to an arbitrator or arbitration body. The arbitrator or arbitration body issues a decision binding on the parties, known as an “arbitration award .”Arbitration is characterized by speed, confidentiality and flexibility, and it also allows the parties to choose arbitrators with experience in the field of the dispute. Dispute Resolution Boards Dispute Resolution Boards are a relatively new mechanism, established by contract. These boards consist of independent experts who are responsible for resolving disputes that arise during the implementation of the contract. Dispute Resolution Boards aim to resolve disputes quickly and effectively, to avoid disrupting the implementation of the contract. The advantages of non-judicial settlement include: The distinctive speed of non-judicial settlement is the speed compared to judicial procedures that may take years, and the cost is considered and non-judicial settlement mechanisms are less expensive than judicial procedures, as for flexibility, non-judicial settlement mechanisms are characterized by flexibility, as the parties can design them to suit the nature of the dispute and maintain relations. Non-judicial settlement mechanisms help maintain relations between the disputing parties Here the importance of non-judicial settlement in administrative contracts appears, as it contributes to resolving disputes quickly and effectively, which ensures the continued implementation of administrative contracts and reduces the burden on the judiciary, allowing it to focus on more complex issues that enhance trust between the administration and its contractors, which encourages investment in public projects.