THE ENFORCEMENT OF SETTLEMENT AGREEMENTS UNDERTHE OHADA UNIFORM ACT ON MEDIATION

Abstract

On 23 November 2017, OHADA member states adopted the Uniform Act on Mediation. The
Act lays down rules relating to mediation of disputes which, if successful, ends in a settlement
agreement. Settlement agreements that are not freely respected by the parties will have no effect
unless they are forcefully executed. Forceful execution is made with the help of a court or
notably public who are empowered to insert an executory formula on the agreement after
verification of its regularity. These local authorities involved in the enforcement process rely
on domestic laws of member states which vary from state to state. This has the effect of tainting
the harmonization process intended by the OHADA lawmaker and may be inimical to
investors. This raises the problem of the suitability of the Act to dispute settlement as regards
enforcement of settlement agreements. With the help of qualitative and comparative analysis,
this article brings to limelight the intricacies of the enforcement of settlement agreements under
OHADA. It concludes that enforcement of settlement agreements is rendered simple and rapid
but faces serious drawbacks which could be alleviated by setting up OHADA mediation
institution to oversee the entire mediation process, besides other recommendations.