Over fourteen centuries ago, ADR methods have been used by Muslims to settle their differences amicably and these methods have been mentioned and encouraged in the sources of Islamic sharia. Algerian legislator has introduced these alternatives, in an effort to reduce the size of the disputes which have become tired of judges and affect the yield qualitative judgments. It also was intended to prompt settlement of disputes and avoid prolonging the introduction and respond to appeals and alternative ways by sulh and mediation as the precious traditions.

1. SULH:
LAWS AND PRACTICE RELATING TO CODE
OF CIVIL AND ADMINISTRATIVE PROCEDURE
IN ALGERIA
(RESEARCH DESIGN)
Presented by
Aziez Salaheddine G1321317
Lecturer : Prof.Dr. Ainul Jaria Maidin

2. Outline
• Background of Study
• Problem Statements
• Purposes of Study
• Objectives of Study
• Significances of Study
• Hypothesis
• Literature Review
• Research Methodology
• Data sources
• Scope and limitation
• Chapters
• Conclusion and Recommendation
• References

3. Background of Study
I. Over fourteen centuries ago, ADR methods have been used
by Muslims to settle their differences amicably and these
methods have been mentioned and encouraged in the sources
of Islamic sharia.
II. Algerian legislator has introduced these alternatives, in an
effort to reduce the size of the disputes which have become
tired of judges and affect the yield qualitative judgments.
III. It also was intended to prompt settlement of disputes and
avoid prolonging the introduction and respond to appeals and
alternative ways by sulh and mediation as the precious
traditions.

4. Problem Statements
I. How a sulh mechanism can be used to reduce the
size of the disputes which have become tired of
judges and affect the yield qualitative judgments?
II. How sulh can settle disputes faster than settlement
through court process?
III. How sulh plays the main role in preserving the
relationship between the disputants and Protect
their dignity and privacy?

5. Purposes of Study
I. To determine the application of sulh process as a
new mechanism in resolving the dispute in
Algerian Code of Civil and administrative
Procedure (ACCAP)?
II. To investigate the barriers to implementation of
sulh in Algerian Code of Civil and administrative
Procedure (ACCAP)?

6. Objectives of the study
To analyze the
effectiveness of
sulh as a short
process of
dispute
resolution
To investigate
the number of
disputes
settled in
Court-annexed
mediation and
conciliation in
Algeria.
To investigate
the main
causes of
dispute in
Algeria .

7. Significances of Study
The importance of this study can be defined as below;
I. This study will contribute more in the empirical study
on the application of sulh / mediation in the settlement
of dispute in Algeria for the further researchers and who
are involved in this area.
II. Many researchers has been writing how the sulh (ADR)
an alternative dispute resolution better relied upon in the
settlement of dispute rather than litigation , this study
will have main portions to introduce sulh (ADR) role in
reducing the Accumulation of cases in court in Algeria

8. Propose Literature Review
AUTHOR TITLE FINDING COMMENT
Arwi Abdul Karim
(2012)
Alternative ways to
resolve legal
disputes
research concluded
that the role of sulh
and judicial
mediation in
accordance with the
law of civil and
administrative
proceedings
This research did not
covers enough about
the practice of sulh and
the training of sulh
officer.
Alawa Hawwam
(2012)
The mediation and
its application in
Islamic
jurisprudence and
Algerian code of civil
and administrative
procedure : the
comparative study
This study is to cover
the procedural aspect
of mediation system as
ADR to resolve civil
dispute according to
the Algerian Law
This study did not
cover sufficient the
procedural aspect of
ADR to resolve
administrative dispute

9. AUTHOR TITLE FINDING COMMENT
Sualim Sufian
(2013)
Alternative ways for
civil disputes
resolution in
Algerian law
The research
concluded the process
of mediation and
arbitration under
Algerian law
This research only
focus on mediation and
arbitration and did not
highlight the other
mechanisms of ADR
Umar al Zahi
(2009)
alternative dispute
resolution
the author talk
about the alternative
dispute resolution
through mediation,
sulh, and
arbitration.
The author did not give
suggestion on other
subject matters of
alternative

10. Research Methodology
i. This study conducted by using qualitative
research methods with a normative,
descriptive, and analytic approach.
ii. The use of qualitative methods aim to obtain
an accurate data on the application of ADR in
Algeria

11. Methodology: Data Source
Primary
sources
1. Article 459 of Civil Law 2007
2. Law no. 90-04 on 06/02/1990 on individual dispute
resolution at work.
3. Law no. 08-09 on 25/02/2008 includes the code of civil
and administrative procedure.
4. Law no. 09-100 on 10/03/2009 includes How to
appoint judicial mediator.
5. Executive Decree No. 91-272 dated 10/08/1991
determines the jurisdiction of the regional offices of
reconciliation.
6. statistic
Secondary
sources
1. Various books relating to sulh
2. Journals
3. newspaper
Tertiary sources Dictionaries and encyclopedias as well as materials from the
internet

12. Scope Limitation
Demonstrating the crucial
importance of Sulh and its
successful enforcement
under the Algerian code of
civil and administrative
procedure
 Constraint of time
 Lack of adequate
sources and
information
 Short of research
material
 Quality of finding

13. Arrangement of Chapters
PRACTICE OF
SULH IN
ALGERIA
Background of sulh (ADR) in Algeria
Court-annexed mediation and
conciliation in Algeria
Muslim Law Courts and the French
Colonial State in Algeria
Laws relating to ADR in Algerian Code
of Civil and administrative
Procedure(ACCAP)

14. Recommendation
 Muslims should explore the relevant provisions of sulh or
ADR law.
 choosing the best previous practice of sulh for be applied
in current cases.
 The need for formation of professional Sulh Officers.
 upgrade the sulh process in all private and administrative
matters including family, ‘prud’hommes counsels’(i.e.,
labour related) .

15. Conclusion
• The Algerian legislature had taken to consider other legal
mechanisms to help the judiciary to adopt them, thereby to
enable the litigants to resolve their problems quickly and
effectively with their involvement in finding solutions for
themselves, who is not achieved by litigation process .
• in This context , the Algerian legislator has opted of the
reform of justice, while amended the Law on Civil and
Administrative Procedures, which included them in the law
of civil and administrative proceedings, under the title of
alternative ways to resolve disputes, which includes sulh,
mediation, and arbitration through the Articles , from 994
to 1005.

16. References
• Ahmed mahmoud, sulh wa tatbikatoho fi ahwal sharsiah, (jordanie, darthakafa, 2010).
• El Ajeri, The Arab Dimension of Mediation,(in arabic), unpublished.
• Goldsmith, Jean-Claude, ADR in business, Practice and Issues across Countries and
Cultures, edited by Arnold inges-housz,(Netherlands, wolters kluwer,2011)V2.
• Goldsmith, Jean-Claude, and others, ADR in business,Practice and Issues across Countries
and Cultures, (Netherlands, wolters kluwer,2006).
• Md. Zahidul Islam, Provision of Alternative Dispute Resolution Process in Islam, IOSR
Journal of Business and Management (IOSR-JBM) ISSN: 2278-487X.
• Naziahamed, akd sulh fi sharia islamia, (Damascus,dar kalam, 1996).
• Nora ABDUL HAK and others, ALTERNATIVE DISPUTE RESOLUTION (ADR) IN
ISLAM,( IIUM press,2011).
• Qanun ijraet madania wa idaria (Algerian Code of Civil and administrative Procedure-
2008).
• Raiis Mohamed yahya, akd sulh bayn ashariah islamia wa kanoun el-madani, (darfikrarabi,
1978)
• Syed Khalid Rashid, Alternative Dispute Resolution in the Context of Islamic Law, in 2nd
International Conference on Law and Commerce-Law, Commerce and Ethics, 8-10 December
2003, School of Law, Victoria University, Melbourne, Australia.

17. • The Mejelle ,being an English translation of Majallah al-Ahkam al-
Adliyah, translated by C.R.Tysler, B.A.L. and others,( malaysia, the
other press KL, 2011).
• Tunia Sourdin, Alternative Dispute Resolution, (Australia,Thomson
Reuters, 2012 ).
• Umar al Zahi (2009), alternative dispute resolution, published by
Supreme Court.
• sualim sufian (2013), Alternative ways for civil disputes resolution
in Algerian law, University of biskra, Algeria.
• Alawa hauoam (2012), the mediation in ADR and his application
in jurisprudence and in Algerian code of civil and administrative
procedure : the comparative study, University of batna, Algeria.
• Ben soulah shafiqa, sulh in administrative act , (Algeria, dar huma,
2008) .

18. Thank for Your Attention!