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Luc Kevin Leny Njock's article in Uniform Law Review states that mediation has attained unprecedented normative recognition in the OHADA zone through the 2017 Uniform Act on Mediation, but that the partial importation of European and UNCITRAL models raises questions about the coherence of the normative framework and marginalises pre-existing customary and jurisdictional practices.
It concludes that the legal identity of mediation is in transition, marked by significant advances but also persistent tensions. The author proposes legislating in reverse by deriving the rule from established social practices.
The legal identity of mediation under the OHADA Uniform Act on Mediation and the tension between imported models and local practices.
Njock proposes deriving mediation rules from established social practices. This approach foregrounds how the OHADA Uniform Act can be integrated with customary and jurisdictional practices.
Uniform Law Review · 2026
DOI 10.1093/ulr/unag036
Luc Kevin Leny Njock, “L’identité juridique de la médiation issue du dernier-né des actes uniformes OHADA : entre construction normative et paradoxes persistants The legal identity of mediation arising from the latest OHADA Uniform Act: between normative construction and persistent paradoxes”, Uniform Law Review, 2026-09-30, 10.1093/ulr/unag036. https://doi.org/10.1093/ulr/unag036