Overview

Facilitated Resolution of Disputes to Preserve Relationships  

The SCCA Mediation Rules provide for a confidential, voluntary, and private process, enabling parties to reach an amicable settlement of their dispute with the help of a neutral Mediator who assists the parties in working towards a negotiated resolution, with the parties having ultimate control over the terms of any settlement agreement.

Procedural Steps

1. Filing of Case: One or both parties send a request for mediation, along with the contract and any other supporting documents, to SCCA and, if not filed jointly, simultaneously to the other side. 
2. Commencement of Mediation: Once SCCA is satisfied that all filing requirements under the Rules are met, it will send a letter to all the parties informing them of the commencement of the mediation. 
3. Administrative Conference: SCCA conducts a conference with all parties and/or representatives via phone or video to address any administrative matters, including the method to select the Mediator. 
4. Appointment of Mediator: SCCA confirms and appoints the Mediator based on a party-agreed selection method. In case the Mediator discloses any conflicts of interest and any party objects to his or her nomination or appointment, SCCA removes the Mediator and works with the parties towards finding a substitute. 
5. Case Management Conference: The Mediator may conduct a conference with all the parties and/or representatives via video or telephone or video to discuss all procedural aspects of the case, including a timetable for the proceedings. 
6. Exchange of Communications: The parties exchange any submissions and documents to explain their positions, goals, and/or expectations. 
7. Mediation Conference: The Mediator meets with the parties either in person or via video conference to facilitate a negotiated settlement of the dispute. The Mediator may meet or communicate with the parties separately before, during, and after any mediation conference and, without the express consent, will keep the content of such private meeting or communication confidential. 
8. Closing of Mediation: The mediation ideally ends with a full settlement of the dispute with the parties reducing the terms of the settlement into a settlement agreement. Otherwise, SCCA confirms that there was an impasse and closes the case. 

Model Clause

Standard Mediation Clause

“Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, the parties hereto agree first to try to settle it by mediation, administered by the Saudi Center for Commercial Arbitration (the “SCCA”) in accordance with its Mediation Rules, before resorting to arbitration, litigation, or some other dispute resolution procedure. “

Standard SCCA Mediation-Arbitration Clause

“Any dispute, controversy, or claim arising out of or relating to this contract, or a breach, termination, or invalidity thereof, the parties hereto agree first to try to settle it by mediation administered by the Saudi Center for Commercial Arbitration (the “SCCA”) in accordance with the SCCA Mediation Rules. If settlement is not reached within [__] days after service of a written request for mediation, the dispute, controversy, or claim shall be settled by arbitration administered by the SCCA in accordance with the SCCA Arbitration Rules.”