Bahrain
Noor Al RayesPartner, Head of DisputeResolution – Bahrainn.alrayes@tamimi.com
Is there any legislation governing mediation in Bahrain? If the response is negative, are there any preparatory legislative project relating to mediation?Yes. Legislative Decree No. 22 of 2019 (“Mediation Law”) governing the settlement of disputes through mediation. The Mediation Law covers the settlement of civil, commercial, criminal and personal status disputes through mediation.
Is there any legislation governing conciliation in your jurisdiction? Do the existing laws distinguish between conciliation and mediation?Yes. Pursuant to Legislative Decree No. 26 of 1986 governing the judicial procedures before the Sharia Courts, conciliation is a mandatory procedure in personal status cases falling within the jurisdiction of Sharia Courts, except for cases that are of an urgent nature or those where conciliation is not permissible by law.
Unlike mediation, which is generally an ad hoc, voluntary process, conciliation within this context is mandatory and is Court supported. Furthermore, while the parties in mediation get to choose their mediator, the conciliator is a Court employee.
Is conciliation/mediation court-annexed (administered by the courts) or voluntary (administered by the parties), or both?While the Courts are allowed under the Mediation Law to direct the parties to seek mediation to resolve their dispute, mediation generally remains an ad hoc and voluntary process; whereas conciliation as detailed in our answer above is a mandatory (non-voluntary) and Court supported process.
Could you please specify the types of disputes that can/ cannot be referred to mediation in your jurisdiction? Are there certain kinds of dispute, or sectors, in which mediation is common in your jurisdiction?Any dispute that may be settled by way of an agreement can be mediated. Very few disputes cannot be mediated, such as disputes as to the parentage of a person.
Does the mediation legislation provide for “without prejudice communications”? Is the concept of “without prejudice” communication recognized in the general law.Without prejudice communications between the parties are not recognised under the laws of Bahrain. However, any procedures undertaken by the parties as part of the mediation process is privileged, with parties prevented from testifying in relation to any information they have obtained through mediation.
Are settlement agreements resulting from mediation enforceable before the Courts?Settlement agreements resulting from mediation are enforceable under the Mediation Law. Furthermore, upon notarising such agreements, they become enforceable deeds which are directly executable before the Court of Execution without having to file any substantive case to enforce these agreements.
Does the law in your jurisdiction address the suspension of the limitation period during mediation process?No, suspension of limitation periods is not regulated under the Mediation Law.
How mediations may impact limitation periods is a sensitive legal question and we strongly encourage you to reach out to our team if you have any queries regarding this topic.
Does the law in your jurisdiction allow parties to take interim measures during the mediation process?Nothing in the law prevents the parties from taking any interim measures during the mediation process.
Are there any mediation/conciliation centers in your jurisdiction? Please specify whether they are private or public (or list them if possible)As detailed above, conciliation is the Family Conciliation Office at Sharia’a Courts. As for mediation, the only dispute resolution Centre in Bahrain with rules regulating mediation is the Bahrain Chamber for Dispute Resolution.
Does the law in your jurisdiction set out specific criteria for qualifying as mediators/conciliators? Please specify whether there is a Code of Professional Conduct governing the profession of meditator in your jurisdiction.Any person may be appointed as a mediator if agreed by the parties (subject to clearing conflict of interest). However, to become a mediator recognised by the Courts of Bahrain, a mediator must:
Have at least an L.L.B, B.Sc. or equivalent from a recognised university or institute;
Have no less than 3 years of experience in their respective field; and
Have passed a recognised mediation training program.
Is your jurisdiction party to the “Singapore Convention on Mediation” (United Nations Convention on International Settlement Agreements Resulting from Mediation)? If not, could you please indicate whether your jurisdiction will potentially sign or ratify this Convention?Bahrain has not yet signed the Singapore Convention. However, Bahrain’s Mediation Law is generally in line with the provisions of the convention in terms of the recognition of international mediation settlement agreements. There is information that Bahrain is looking to sign and ratify the convention.
Are there any mediation training centres in your jurisdiction?Yes, there are centres that offer mediation training in Bahrain.
Does your jurisdiction provide e-mediation? (i.e., automated online dispute resolution system with no interaction from a third party at all).This concept is not recognised under the Mediation Law.
