MIDDLE EAST – A MEDIATION DESERT?
The Arabic practices of musalaha (reconciliation) and sulh (settlement) have been used to resolve disputes in the Middle East for centuries. These practices take place within a communal framework where discussion and mutual agreement are highly prized over confrontation and adversarial relationships. As such, it could be said that the Middle East has a strong heritage in resolving disputes by alternative dispute resolution (ADR). Nevertheless, it is commonly claimed that, despite this positive historical and cultural background, few commercial mediations take place and the Middle East is a mediation ‘desert’.
This article explores, primarily from a United Arab Emirates (UAE) perspective, whether such claims have merit and what the future might hold for mediation in the region.
Residual reluctance to mediation in the Middle East
While the advantages and disadvantages of litigation and arbitration are reasonably well understood in the region, this is not often the case in respect of mediation. As a result, mediation is used less than it might be otherwise.
Mediation has a very high success rate. It is a quick and relatively inexpensive process compared to litigation or arbitration. The average mediation will last one or two days. In the minority of cases that do not settle at mediation or thereafter, the mediation process can help to narrow the number of issues in dispute between the parties, often saving costs in preparing for litigation or arbitration.
Jan-Mar 2020 issue
King & Spalding LLP