Mediation is one of the most prominent alternative means for resolving disputes. It plays a significant role in achieving Saudi Arabia’s Vision 2030 and in reinforcing the course of justice. Mediation involves a series of procedures carried out by a neutral mediator, who is experienced, competent, and honest. The mediator employs advanced negotiation skills to help the disputing parties reconcile their differences and settle their disputes amicably based on mutual agreement, without resorting to litigation. Mediation is an ancient system for dispute resolution known to humanity since ancient times, with principles established and encouraged by Islamic Sharia. Many foreign countries and some Arab nations have embraced it in modern times due to the nature of life and societal interests.
Mediation and reconciliation hold significant importance for several reasons. Islam highly values reconciliation, considering it one of the best deeds, as Allah says: “There is no good in much of their private conversation, except for those who enjoin charity or that which is right or conciliation between people” (Quran 4:114). Islam elevates the status of those who mediate and reconcile between disputants. As narrated by Abu Darda, the Prophet Muhammad (peace be upon him) said: “Shall I not inform you of something more excellent in degree than fasting, prayer, and almsgiving? They said: Yes, he said: It is putting things right between people, for quarrels and bad feelings destroy mankind.” Ibn Rushd states: “Reconciliation among people in disputes, whether financial or otherwise, is one of the desirable voluntary acts of goodness.” Al-Buhuti in “Kashaf Al-Qina” mentions: “Reconciliation is one of the most beneficial contracts as it ends disputes and discord.” Therefore, mediation to resolve disputes and achieve reconciliation between parties is not only permissible in Islamic Sharia but also recommended and considered one of the best deeds.
Mediation is one of the most important means of resolving and settling disputes at various levels, including between individuals, families, and modern companies. Whenever a dispute can be settled through mediation and reconciliation, it leads to greater peace of mind and societal security. It also brings numerous benefits to the disputing parties, such as saving time, effort, and money, especially in the present time where litigation demands significant effort and time.
The practice of mediation in dispute resolution has evolved from individual and collective initiatives to contemporary institutional approaches. Mediation offices have been established in courts, along with settlement rooms and reconciliation centers that manage cases, study disputes, and strive for reconciliation and dispute resolution through organized stages, advanced mechanisms, and practical foundations. Mediation has become a necessary practice due to the reality of the judiciary, lengthy procedures, case overload, entrenched enmities, and the severing of ties between disputing parties. Mediation, on the other hand, preserves the interests of the parties and maintains their relationships. The success of mediation as an alternative means of dispute resolution depends on the willingness of the disputing parties and their good faith, as well as the mediator’s competence and skills in performing this noble task.
Internationally, mediation has become a recognized approach, emphasized by various legislations and international and regional organizations, and included in agreements and treaties. This recognition has contributed to formalizing the practice and increasing the number of practitioners, driven by the interest in what is known as soft justice.
Saudi Arabia has given significant attention to mediation, with several systems addressing it, such as the new commercial courts system that places great importance on dispute resolution through reconciliation or mediation. In some disputes, parties cannot resort to commercial courts without first attempting reconciliation or mediation and proving their failure, which reduces animosities and lessens the burden on commercial courts. Similarly, the new real estate mediation system, the enhancement of reconciliation offices in personal status courts, and the activities of mediation and conciliation in franchise agreements through the role of the Franchise Center all contribute to this effort. The Saudi Center for Commercial Arbitration also provides dispute resolution services, overseeing them on the condition that contracts between parties include a clause mandating the resolution of any arising disputes through mediation.
Given the importance of mediation and its increasing utilization, there is a pressing need for the issuance of specific regulations governing it, due to its necessity and positive impact on social and economic life.
In conclusion, mediation generally represents a unique system that provides an opportunity for discussion and negotiation. It is an important and necessary means, particularly in mitigating the slow pace of litigation. The effectiveness of mediation in dispute resolution significantly contributes to achieving the objectives of Saudi Arabia’s Vision 2030, utilizing it as an effective mechanism—among several others—to achieve the desired economic development. Therefore, it is essential to prepare all necessary material and human resources to successfully implement and activate the mediation system and to work on establishing an independent entity to serve as the unified and comprehensive umbrella for reconciliation and amicable settlements within the Kingdom.
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