Legal & Regulatory

Mediation

Synonyms: conciliation، facilitated negotiation، neutral third-party mediation، ADR mediation، amicable settlement facilitation

Last updated: 2026-05-09

Short Definition

Resolving dispute with help of neutral third party proposing non-binding solutions, faster and cheaper than litigation, optional in Ejar.

Overview

Mediation is a voluntary or mandatory dispute resolution method in which a neutral third party, called the mediator, intervenes to facilitate communication between the disputing parties and help them reach a mutually acceptable solution without holding the power to impose a solution. It differs from arbitration in that its outcome depends on the parties' agreement rather than a binding decision. In the Saudi real estate framework, REGA provides specialized mediation services for tenancy disputes, and the Ejar platform has made it possible to submit mediation requests electronically with digital scheduling of sessions. Executive regulations also direct that mediation is mandatory for certain categories of disputes before a lawsuit is accepted. Mediation is gaining increasing importance in the Saudi real estate market for several reasons: its speed compared to litigation (weeks versus months or years), its preservation of the relationship between parties particularly in long-term tenancy contracts, its savings on court costs and legal fees, and the flexibility of its solutions, which can transcend what courts may award with their limited range of judgments.

Legal Basis

Mediation in Saudi real estate disputes is based on the Mediation for Civil Dispute Resolution System, REGA regulations governing mediation in tenancy disputes, and the Ejar platform provisions relating to mediation request procedures.

Practical Example

A dispute arose between Al-Riyadh Hospitality Company and the owner of a commercial villa in Al-Yasmin district, Riyadh, over the interpretation of a major maintenance clause involving repair costs of 95,000 SAR. Both parties submitted a mediation request through REGA instead of pursuing litigation. A certified REGA-licensed mediator was appointed within a week. In the first session, the mediator clarified that both parties bore some responsibility under the contractual terms. In the second session, the parties reached an agreement: the company would bear 40,000 SAR and the landlord 55,000 SAR, with the contract extended by one additional year at the same rent. The agreement was documented in a mediation record notarized on Ejar and became binding.

Common Mistakes

  • Entering a mediation session without adequate preparation or prior legal consultation
  • Confusing the mediator with the other party's lawyer or believing they represent one party's interests
  • Signing the mediation record without legal review, causing it to lose its negotiating value
  • Refusing mediation and rushing to court in disputes that could have been resolved through faster and less costly amicable settlement
  • Believing that mediation outcomes are always non-binding; a notarized mediation record acquires enforcement force upon signing

International Differences

In the UAE, Rental Dispute Settlement Centres (RDSC) in Dubai and Abu Dhabi provide specialized and fast mediation for tenancy disputes with the option of electronic submission. In Turkey, mediation has been mandatory before filing certain tenancy claims since 2018 under mediation law amendments. In Egypt, arbitration and mediation bodies at chambers of commerce provide real estate mediation services. In the UK, courts tend to impose penalties on those who refuse mediation without reasonable justification. In the US, real estate mediation services are available through specialized bodies such as AAA and JAMS.

FAQs

Is a mediation record certified by REGA legally binding?
Yes, a mediation record signed by both parties and certified by REGA acquires the force of a binding agreement and is enforceable judicially when needed without requiring a separate judgment.
Is either party entitled to withdraw from mediation at any time?
Yes, voluntary mediation is based on consent and either party may withdraw at any stage. Mandatory mediation prescribed for certain dispute types has its own requirements before withdrawal.
What are the qualifications of a certified mediator at REGA?
A mediator must hold an accreditation certificate from REGA or a recognized body, typically a legal or real estate background, and a commitment to standards of neutrality, confidentiality, and professional ethics codes.
Are mediation session disclosures confidential and not usable in subsequent litigation?
Yes, disclosures made during mediation sessions are confidential by law and may not be used as evidence in subsequent litigation, which encourages parties to be candid and flexible during sessions.
What is the difference between mediation and judicial conciliation?
Mediation takes place outside the court with an independent mediator. Judicial conciliation takes place within the court under the supervising judge's oversight, who endorses the agreement, which immediately becomes a court judgment.

In Other Languages

Arabic
الوساطة

حل النزاع بمساعدة طرف ثالث محايد يقترح حلولاً غير ملزمة، أسرع وأرخص من القضاء، اختيارية في إيجار.

English
Mediation

Resolving dispute with help of neutral third party proposing non-binding solutions, faster and cheaper than litigation, optional in Ejar.

Turkish
Arabuluculuk

Bağlayıcı olmayan çözümler öneren tarafsız üçüncü taraf yardımıyla anlaşmazlık çözümü; davadan daha hızlı ve ucuz, Ejar'da isteğe bağlı.

Related Terms

Amlaki

About Amlaki

Amlaki is an integrated Saudi real estate management system, supporting agencies and owners in managing rentals, maintenance, and reports with high efficiency, fully compliant with the Ejar platform and Kingdom regulations.

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