Published on #SADERLex
This article describes the process of mediation, its definition, criteria, functions and the mediator’s characteristics. In addition, it highlights and clearly defines the suggested enhancements in this field.
Up until today, mediation is still viewed as a nascent practice in the Arab region, and very few can discern its particularities which aims primarily at the prevention and the resolution of disputes at the same time.
There are many questions about mediation that come to mind given the recent situation: Is mediation limited to the judicial sector? What is the role of lawyers and counsels? Should the State intervene in its organization and to what extent? Do we have to copy a European model, or should we tailor and integrate the characteristics of each legal system? Does its function end at resolving conflicts or its benefits go beyond resolution to tackle prevention, conflict management and bridge-building? What are the elements that promote the development of mediation in the Arab region and the elements that hinder its planned development?
We are faced with a new concept that requires a shift in the mentality of individuals and institutions alike. Mediation is based on a belief in the ability of individuals to find sufficient resources so that they emerge from conflict or situations that can lead to disagreement. The success of mediation in the Arab countries depends on establishing a high-level scientific approach to it that provides mediators with scientific training to develop their capabilities to adequately play the role assigned to them.