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Date of Award
8-8-2023
Degree Name
Doctor of Juridical Science (SJD)
Degree Type
Dissertation
Abstract
This thesis focuses on the reality of mediators' work in the Kingdom of Saudi Arabia and discusses whether the new Saudi Mediation Law will enhance or restrict their work through regulation.
To address this question, the thesis examines the reality of mediation in the Kingdom of Saudi Arabia and its connection to the region's history and culture as an authentic means of resolving disputes through consensus. It explores the common perception of mediation in the region and its intersection with similar concepts, as well as the challenges faced by individual mediators and institutions in practicing mediation in a modern professional context.
The thesis traces the historical trajectory of mediation in the region, its presence in Islamic teachings, and the practice of Prophet Muhammad, peace be upon him, in several situations that emphasized reconciliation among disputing parties. It also examines Islamic jurisprudence books that referred to mediation by its name and modern form, as well as its evolution in the culture and transactions of people. Furthermore, it delves into the presence and development of mediation in Saudi laws under explicit names such as "mediation" or other terms like reconciliation, conciliation, and settlement of disputes.
Moreover, the thesis discusses the new Saudi Mediation Law by examining its key provisions, strengths, weaknesses, and the researcher's proposed suggestions for improvement. In order to answer the research question, the thesis dedicates a section to the global debate on the regulation of mediation, presenting the opinions of supporters and opponents. It then applies this discussion to the Saudi context, resulting in a practical and realistic approach that suggests the Saudi Mediation Law can be a crucial step towards enhancing and supporting mediation and its role in dispute resolution methods. This can be achieved through regulation and a framework that avoids excessive regulation, which would restrict the work of mediators.
Chair and Committee
Karen Tokarz, Supervising Professor Ann Shields, Examining Professor James Reeves, Examining Professor Juan Del Valle, Examining Professor
Recommended Citation
Alshallali, Abdullah Ahmad, "Will New Regulations Enhance The Mediation Process And The Work Of Mediators In Saudi Arabia?" (2023). School of Law Dissertations. 90.
https://openscholarship.wustl.edu/law_etds/90