Mediation is a path to quick and flexible solutions

Lawyer Abrar Issa

Mediation to resolve disputes is part of human history since its inception, as humans were born with a nature that tends towards goodness and cooperation, which is known as reconciliation. With the diversity of cultures, the development of civilizations, and the differences in needs, disputes and conflicts have become more complex, making the need for bodies specialized in resolving disputes a necessary and fundamental matter.

With the development of dispute resolution methods, the parties concerned with them have become concentrated in the judiciary, arbitration, and mediation, as mediation is considered the oldest and most flexible method. What distinguishes mediation is that it depends on the creativity and originality of the parties to the conflict, as solutions are built through the exchange of views and the convergence of wills to reach an agreement that ends the conflict. Litigation without strict adherence to laws and legislation, as is the case in the judiciary, and without authorizing a body or individual to issue a binding ruling, as in arbitration. Mediation provides the parties with the freedom to devise solutions that suit their needs. Their disputes, with a commitment to implement them consensually. Law No. 22 of 2019 has consolidated this approach, by codifying mediation to settle civil and commercial disputes, in a way that achieves realism and effectiveness without conflicting with the provisions of public order.

As for the role of the mediator in the mediation process, especially in the aspect of managing negotiations between the parties and assisting them until the solution emerges from their internal conviction, for this purpose the mediator must maintain a flexible ground for presenting ideas and create renewed spaces to form the building blocks of ideas and elements of conflict resolution and how to implement it, which is the role Which was drawn up in Article No. 10 of the aforementioned law, which stipulates that “the parties may agree on the rules and methods by which mediation is conducted, and in the event that the parties do not agree, the mediator may conduct mediation according to the rules.” And the methods he deems appropriate, taking into account the desires of the parties and the circumstances of the mediation, and in a way that does not violate public order. The mediator may also, at any stage of the mediation procedures, propose a solution to the dispute. In all cases, the mediator must take into account during the mediation procedures equality in treatment of the parties, taking into account the circumstances of the dispute. . This is not available in resorting to the judiciary or arbitration, which makes mediation of all kinds a prominent and distinctive alternative in resolving disputes.

The Commercial Disputes Settlement Center at the Bahrain Chamber of Commerce and Industry plays a distinguished role, as the center provides professional and specialized services that contribute to the efficient settlement of disputes, and provides private sector companies with a strong opportunity to accelerate the resolution of their disputes in flexible and effective ways. The center also works to provide a neutral environment that contributes to enhancing cooperation between… Disputing parties, which enhances the stability of the business environment in the Kingdom, and also contributes to reducing the time and costs associated with litigation, which opens the way for companies to achieve sustainable growth and develop business relationships. Fruitful.

* Certified mediator at the Commercial Disputes Settlement Center at the Bahrain Chamber of Commerce and Industry