MEDIATION AS A MECHANISM FOR RESOLVING FAMILY DISPUTES IN LEBANON: AN ANALYTICAL STUDY OF CURRENT PRACTICE AND DEVELOPMENT PROSPECTS

This study examines the effectiveness of mediation as a mechanism for resolving family disputes in Lebanon, with a particular focus on the gap between the legal framework governing mediation and its practical application. The research addresses the extent to which mediation, in its judicial and consensual forms, can provide effective and fair solutions to family disputes within a legal system characterized by multiple personal status laws, diverse judicial authorities, and the absence of a specialized framework for family mediation. It further explores challenges related to the protection of vulnerable parties, the balance of power between disputants, institutional integration, and public awareness of alternative dispute resolution mechanisms. The study is based on the hypothesis that the limited effectiveness of mediation in Lebanon is not primarily attributable to the existence of legal provisions themselves, but rather to a set of interconnected structural, institutional, and socio-cultural obstacles. To test this hypothesis, the research adopts an analytical methodology combining the examination of Lebanese legal texts regulating mediation with a critical assessment of their practical implementation in family disputes.The findings reveal that, despite the existence of a general legislative framework for judicial and consensual mediation, family mediation remains constrained by legal pluralism, fragmented institutional structures, inadequate professional specialization, weak integration into the justice system, and insufficient safeguards for vulnerable parties. The study also highlights the impact of socio-cultural factors, limited public awareness, and the absence of effective implementation mechanisms.The research concludes that enhancing the effectiveness of family mediation requires a comprehensive approach that includes establishing a specialized legal framework, strengthening institutional integration with the judiciary, developing professional standards for family mediators, improving access to mediation services, and promoting a broader culture of amicable dispute resolution.