Middle East Advances Mediation Adoption with New Legal Frameworks and Digital Platforms

In March 2024, Saudi Arabia hosted the inaugural Riyadh International Disputes Week, spotlighting mediation's rising role in resolving disputes throughout the Middle East. Mediation, a widely used alternative dispute resolution (ADR) method globally, enables parties to explore settlement options beyond court remedies, potentially saving time and costs while preserving relationships.

Historically, mediation has been less prevalent in Middle Eastern disputes due to cultural factors and the absence of procedural safeguards, particularly regarding confidentiality. Unlike many jurisdictions where mediation is conducted on a “without prejudice” basis—meaning statements made during mediation cannot be used in litigation—this principle has not traditionally applied in the Middle East. Consequently, parties have been hesitant to engage in mediation, fearing that concessions might undermine their legal positions.

However, recent trends suggest a cultural shift. Several Middle Eastern countries and institutions have introduced formal mediation frameworks designed to encourage mediation use. A key catalyst is the 2020 United Nations Convention on International Settlement Agreements Resulting from Mediation, known as the Singapore Convention. This treaty promotes mediation by ensuring that mediated settlement agreements are enforceable in signatory states, akin to the New York Convention’s role in arbitration enforcement.

Qatar and Saudi Arabia were founding signatories of the Singapore Convention, with the UAE announcing its intention to join in 2022, though it has not yet ratified the treaty. Jordan, Iran, and Afghanistan have also signed but await domestic ratification. As more Middle Eastern jurisdictions adopt the Singapore Convention, further mediation framework developments are anticipated.

Qatar enacted its Mediation Law in November 2021, which applies to all mediations conducted within the country unless parties agree otherwise. The law permits courts to request mediation, though such referrals are not mandatory. Crucially, it imposes strict confidentiality obligations on parties and mediators, prohibiting disclosure of mediation communications and penalizing breaches.

Similarly, the UAE’s Mediation Law, effective from April 2021, allows onshore courts to refer disputes to mediation with party consent. It codifies confidentiality protections, barring the use of mediation communications in court and requiring mutual consent for any exceptions. Complementing this legal framework, the UAE government launched “Wasata,” an eMediation platform designed to facilitate efficient dispute resolution.

Saudi Arabia issued a draft mediation law in 2023 incorporating best practices from the UAE and Qatar, including mandatory confidentiality of mediation proceedings. Although not yet in force, the law is expected to be enacted soon, with the Saudi government emphasizing its potential to enhance the Kingdom’s business environment and attractiveness to investors.

The Abu Dhabi Global Market (ADGM), an English common law free zone, introduced a virtual mediation service in late 2022 to reduce the need for in-person meetings. This was followed by the launch of “ODR@ADGM,” a secure digital platform guiding parties through tailored settlement negotiations with flexible deadlines.

On 1 October 2023, the Dubai International Arbitration Centre (DIAC) released its 2023 Mediation Rules, reinforcing mediation’s consensual nature and confidentiality. The rules require mediators to maintain independence, disclose conflicts of interest, and grant parties discretion over mediation conduct. Importantly, they prohibit reliance on mediation statements in judicial or arbitral proceedings, clarifying confidentiality scope and encouraging constructive dispute resolution.

Collectively, these legislative reforms, institutional initiatives, and international commitments mark a turning point for mediation in the Middle East. By addressing confidentiality concerns and providing enforceable frameworks, the region is poised to embrace mediation more fully as an effective and amicable dispute resolution tool.