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
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.
