Founder and Director of Powerhouse Advisory & Consultancy

Partner, Freshfields Bruckhaus Deringer LLP

The Middle East2 should be a mecca for mediation: the reconciliation of disputants is an imperative in Islamic culture and many Middle East 
countries have, in the past five years, introduced or modernised their legislative framework to promote mediation. For those engaged in commercial enterprise, there can be little doubt that, in principle, mediation may be an effective procedure for commercially resolving disputes in an amicable way. That is especially true in the construction sector: as an economic stalwart, with an estimated US$1.68 trillion of projects planned or underway in the Gulf Cooperation Council region3 alone as at the start of 2024,4 the next project opportunity is just around the corner, so maintaining amiable relationships is key. Yet mediation is not common in the modern Middle East for construction disputes (or any type of dispute). This article will consider the cultural, legislative and institutional landscape for mediation in the Middle East, along with an overview of the (lack of) engagement with mediation in the region. It will then explore the characteristics of construction projects that make disputes 
amenable to mediation. Then, this article will consider the barriers to mediation in construction disputes in the Middle East and, finally, how those barriers can be overcome.