College of Law

Doctoral thesis in the private law branch on the commercial mediator and his role in settling commercial disputes/comparative study,,,
On Tuesday, September 26, 2023, the Private Law Branch at the College of Law at the University of Mosul discussed a doctoral thesis on the commercial mediator and his role in settling commercial disputes/a comparative study, part of which was attended by Assistant Professor Dr. Wissam Nemat Ibrahim Al-Saadi, Dean of the College, and a number of members of the College Council and its faculty.
The thesis submitted by the student Abdul Rahman Hussein Abdul Rahman in the private law branch dealt with the commercial mediator and his role in settling commercial disputes, which prompted legislators in various countries of the world to amend laws in a way that is consistent with modern legal thought. In addition to this, there is Arab legislation and rules for various mediation centers that addressed the role of the commercial mediator. In the mediation process, however, this did not happen in Iraq, as the Iraqi legislator did not specify special legislation for mediation work. This would also double the importance of researching the commercial mediator and his role in settling commercial disputes at the present time. In addition, the commercial mediation system It is considered one of the innovative and new systems in settling commercial disputes, as it is far from the judicial atmosphere, as the role of the mediator appears through meeting with the parties to the dispute and their agents and deliberating with them on the subject of the dispute by bringing the viewpoints of the parties closer together, as the goal is to shorten time, avoid lengthy procedures, and enhance the principle of trust between The commercial mediator and the parties are not obligated to reach a settlement unless the parties agree to it.
The thesis aims to explain the diversity in the definition of the mediator, which is due to the modernity of the mediation system in different legal systems, which made the concept of mediation and the person who mediates, who is the mediator, ambiguous among most institutions, organizations, bodies and associations that represent the various groups of society, and even among those concerned with the field of law. The mediator is distinguished by a number of characteristics. Which are considered essential and fundamentally affect the success of the mediation process. Among these characteristics is that the mediator be a natural person who enjoys neutrality, independence, and integrity, who accepts the mediation task, who is competent, who does not have the authority to impose the decision, and who possesses special qualities.
The discussion committee was headed by Professor Dr. Zakaria Younis Ahmed, the membership of Assistant Professor Dr. Muhannad Ibrahim Ali, Assistant Professor Dr. Bushra Khaled Turki, Assistant Professor Dr. Isser Essam Daoud, Assistant Professor Dr. Ali Shihab Ahmed, and the membership and supervision of Professor Dr. Mustafa Nateq Saleh.