A lawsuit is not always the best answer to a dispute. Moroccan law offers several amicable or private routes, and they have just been strengthened. The new Code of Civil Procedure (Law No. 58.25), in force since 24 August 2026, makes conciliation and mediation essential means of settling disputes. Law 95-17 governs contractual mediation and arbitration, and Law 66.23 expressly recognises the lawyer's role in these procedures. Here is an overview to help you choose.
Conciliation under the court's supervision
Article 8 of Law No. 58.25 establishes conciliation and mediation as essential means of settling disputes. The court may entrust them to the parties' lawyers, to social workers or to qualified persons.
When the parties reach an agreement, the settlement is recorded in a judgment that cannot be appealed. The agreement thus carries the weight of a court decision, and neither party can reopen it through an ordinary appeal. Every term should therefore be weighed carefully before signing.
Contractual mediation and arbitration: Law 95-17
Law 95-17 took arbitration and contractual mediation out of the Code of Civil Procedure and gave them their own statute. Both rest on the parties' agreement, made either before the dispute (a clause in a contract) or after it arises.
In mediation, a third party helps the parties find their own solution; the mediator does not decide. In arbitration, by contrast, the decision is entrusted to one or more arbitrators chosen by the parties, and the award binds them. To be enforced, an arbitral award must receive exequatur (enforcement leave) from a state court.
An official, non-exclusive list of arbitrators
Decree No. 2-23-1119, published in the Bulletin officiel (Official Gazette) on 23 May 2024, sets how the list of arbitrators is drawn up and the conditions for registration and removal, including academic training and arbitration experience. A first official list of about 300 names, covering commercial, civil, family, maritime and real estate matters among others, was published in 2025.
The list is not exclusive: parties remain free to appoint other arbitrators. In September 2026, the ministry opened a new call for applications.
How to choose the right route
- Court conciliation suits cases already before a court where the parties are ready to talk: the settlement is recorded in a judgment that cannot be appealed.
- Contractual mediation suits relationships worth preserving (partners, business counterparts, neighbours): the parties keep control of the outcome.
- Arbitration suits technical or confidential disputes, or parties who want to choose their decision-maker: the award is binding, subject to exequatur.
- Ordinary litigation remains necessary when the other side refuses any dialogue or when a swift enforceable decision is essential.
The lawyer's role, now recognised
Law 66.23 on the legal profession, enacted in August 2026, expressly lists arbitration and mediation among a lawyer's activities. The Code of Civil Procedure, for its part, provides that the court may entrust conciliation to the parties' lawyers.
In practice, the lawyer steps in at three points: when the mediation or arbitration clause is drafted, during the procedure to advise and represent the client, and at the end to check that the agreement or award can be enforced.
Sources
- Médias24, 10 August 2026: « Nouveau code de procédure civile : ce qui change dès le 24 août »
- Médias24, 8 May 2025: « Arbitrage : une première liste d'arbitres agréés mais non exclusive »
- Médias24, 21 August 2026: « Nouvelle loi sur les avocats : ce qui va concrètement changer »
- L'Opinion, 12 June 2026: article on the Ministry of Justice's commitment to mediation (Law 95-17)
Maître Mouad Lahfaia
Lawyer at the Rabat Bar
This article reflects the author's views as at the date of publication. It does not constitute legal advice and is no substitute for an analysis of your particular situation.