Mediation In
Sur, Ash Sharqiyah South

Legal Framework

The Oman Commercial Arbitration Centre (OCAC) was established in July 2018 by Royal Decree 26/2018. OCAC issued new Mediation Rules on 7 July 2021, providing a comprehensive framework for mediation proceedings. The rules require that parties be treated with fairness, justice, and impartiality by the mediator to provide equal opportunity to present their case. Parties are expected to act in good faith during the process. The mediator may meet and communicate separately with any of the parties to develop a clear understanding of the facts. Information disclosed in private cannot be shared without approval from the disclosing party. The rules impose a three-month default duration for mediation unless parties agree otherwise. Successful mediation concludes with a settlement agreement, while unsuccessful mediation may be terminated by written notice from parties or the mediator. OCAC is affiliated with the Oman Chamber of Commerce and Industry but has its own legal identity and financial/administrative autonomy.

While Oman operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

OCAC provides arbitration, mediation, and other forms of ADR services within Oman and administers local, regional, and international disputes. The release of Mediation Rules in 2021 is expected to encourage greater use of mediation and shift selection from foreign forums to local Omani forums. The Ministry of Justice has developed and established courts in additional regions to facilitate more efficient judgment rendering and reduce pressure on the judicial system. The Arbitration Law follows the concept of Sultan Aleradah, or 'power of will', with most provisions beginning with the proviso 'Unless otherwise agreed by the parties'. The court system works with OCAC to provide alternative dispute resolution options alongside traditional litigation.

Mediator Regulations

Specific mediator certification requirements are not clearly specified in available sources. Commercial mediation licences in Oman typically require educational qualifications in law, business mediation, or dispute resolution. Many mediators complete recognised mediation training programmes. OCAC likely maintains a roster of qualified mediators. The Mediation Rules establish ethical standards for mediators, including confidentiality, impartiality, and fair treatment of parties. Mediators must adhere to the principles of Islamic jurisprudence which are accepted by Sunni and Shia jurists alike. Professional mediators may be lawyers or other qualified professionals with appropriate training.

Cultural Approach

Oman's mediation approach is defined according to principles of Islamic jurisprudence accepted by Sunni and Shia jurists alike. In Islamic tradition, 'Sulh' signifies amicable settlement and mediation, which is the preferred result and process in dispute resolution. The approach is discrete, non-coercive, sound, and tested. The cultural context values the majlis (consultative gathering) as a critical forum for dispute resolution. Oman has successfully maintained a policy of neutrality and adeptly assumed the role of mediator both within the Arabian Peninsula and more broadly in international conflicts. The cultural approach emphasises preserving relationships, honour, and social harmony through dialogue and consensus-building.

Typical Costs

Specific cost structure and fee schedules are not readily available from available sources. OCAC likely has fee structures for mediation services based on the complexity and value of disputes. Costs are typically shared between parties unless otherwise agreed. Commercial mediation fees may be structured as hourly rates, daily rates, or fixed fees depending on the nature of the dispute. The cost savings compared to litigation are significant due to reduced court fees, shorter timeframes, and preservation of business relationships. OCAC's fee structure is designed to encourage the use of mediation as an efficient dispute resolution mechanism.