In Saudi Arabia, commercial mediation has been gaining prominence as an alternative dispute resolution (ADR) method, particularly following the establishment of the Saudi Center for Commercial Arbitration (SCCA) in 2014. The SCCA provides mediation services as a mechanism to resolve commercial disputes efficiently, in alignment with Islamic Law (Sharia), while promoting quicker and less costly solutions compared to traditional litigation. The regulatory framework for mediation in the Kingdom is aligned with international standards, which has made it a preferred method for both domestic and international commercial disputes.
This course provides participants with both theoretical and practical knowledge of the mediation process in Saudi Arabia, aimed at developing the skills necessary to become effective mediators or contributors in mediation. It emphasizes an interactive, participatory approach, encouraging active engagement between participants and the facilitator.
Course Methodology
The teaching methodology for this course emphasizes interactive and participatory learning, combining both theoretical and practical aspects to ensure a comprehensive understanding of mediation.
Course Objectives
By the end of the course, participants will be able to:
Understand the key concepts of Alternative Dispute Resolution (ADR)
Analyze the effectiveness of mediation as an Alternative Dispute Resolution (ADR) method for resolving conflicts
Define the mediation process and identify effective approaches
Understand the core concepts of mediation, including the roles of the mediator and the parties involved throughout the process
Apply the regulatory framework of mediation in Saudi Arabia
Target Audience
This course is suitable for a diverse audience including, but not limited to, legal professionals, Human Resources personnel, business and corporate leaders, and government officials.
Target Competencies
Mediation Principles
Mediation Participation
Conflict Risk Mitigation
Conflict Management
Conflict Resolution
Course Outline
General Principles of Alternative Dispute Resolution (ADR)
Definition of ADR and mediation
Benefits and limitations of ADR
ADR vs. traditional litigation
Features of ADR
Overview of legal frameworks governing ADR in Saudi Arabia
Ethical considerations in ADR processes
Role of the ADR practitioner
Mediation vs. other ADR methods
Introduction to Mediation
Mediation: Process, philosophy, and use in conflicts
Features of mediation
Voluntary process
Confidentiality
Time and effort saving
Types of conflicts suitable for mediation
Types of conflicts not suitable for mediation
Interests vs. positions
Mediation Stages
Preparing for mediation
Agreement to mediate
Stages of mediation
Introduction and opening remarks
Joint session
Caucus
Concluding the mediation
Code of ethics in mediation
Communication Skills in Mediation and Legal Framework for Mediation in Saudi Arabia
Communication skills in mediation
Importance of communication skills in mediation
Active listening
Empathy
Neutrality
Questioning
Reframing and rephrasing
Summarizing
Non-verbal communication
Legal framework for mediation in Saudi Arabia
Applicable law
Singapore Convention
Applicable mediation rules (Saudi Center for Commercial Arbitration "SCCA")
Practicing Mediation - Mock Mediation and Discussion