Oman
Basma Al KiyumiPartner,Head of Dispute Resolution - Omanb.kiyumi@tamimi.com
Wassim MahmoudLegal Advisor,Dispute Resolutionw.mahmoud@tamimi.com
Is there any legislation governing mediation in Oman? If the response is negative, are there any preparatory legislative project relating to mediation?The Law of Conciliation is promulgated by the Sultani Decree No. 98/2005. Pursuant to this law, the Conciliation & Reconcile Committee has been established (the “Committee”). The Committee is competent to settle any dispute – before filing a lawsuit in respect thereof to the Court – by way of reconciliation between its parties, whether the subject of the dispute is civil, commercial or related to a personal status issue. If settlement is reached, the Committee will prepare a report to be signed by all parties, which then can be enforced in the same manner as a final judgment of a Court. Another legislation governing mediation is Sultani Decree No. 26/2018 establishing The Oman Commercial Arbitration Centre (“OCAC”). The OCAC was created to provide arbitration, mediation and other forms of alternative dispute resolution services within Oman and also to administer local, regional and international disputes. In a further development of this role, the OCAC issued its mediation rules in its Decision No. 8/2021 (the “Mediation Rules”). The parties will have to agree to mediation pursuant to OACAC Mediation Rules.
Is there any legislation governing conciliation in your jurisdiction? Do the existing laws distinguish between conciliation and mediation?Yes, one of the responsibilities of OCAC, is to provide arbitration, mediation, conciliation and all other forms of alternative dispute resolution services agreed to by the disputing parties for the resolution of local and international commercial disputes.
The Conciliation & Reconcile Committee is also competent to settle any dispute by way of reconciliation between its parties, whether the subject of the dispute is civil, commercial or related to a personal status issue.Omani law does not distinguish between conciliation and mediation.
Is conciliation/mediation court-annexed (administered by the courts) or voluntary (administered by the parties), or both?Conciliation/mediation can be administered by the OCAC provided that the parties agree to be subject to OCAC Mediation Rules, the Conciliation & Reconcile Committee. Courts do not administer conciliation/mediation.
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?The disputes that can referred to the Conciliation & Reconcile Committee are civil, commercial or related to a personal status issue. (Article 4 of The Law of Conciliation).
The disputes that can be refereed to mediation in OCAC are commercial. This is as per Article 4 of the Decision 37/2019 Issuing the Regulations of the OCAC which states the following:
“The OCAC shall be responsible for:providing arbitration, mediation, conciliation and all other forms of Alternative Dispute Resolution services agreed to by the disputing parties for the resolution of local and international commercial disputes.”
Does the mediation legislation provide for “without prejudice communications”? Is the concept of “without prejudice” communication recognized in the general law.Generally speaking, the Omani law does not recognize the concept of ‘without prejudice communications”. However, the OCAC recognizes the concept of “without prejudice” negotiations.
Are settlement agreements resulting from mediation enforceable before the Courts?Generally, settlements reached through mediation cannot be directly enforced by the Enforcement Divisions of the courts. However, settlement agreements reached pursuant to the Conciliation & Reconcile Committees and the settlements between an employee and an employer before the Department of Settlement of Labour Disputes can be directly enforced before the Enforcement Divisions of the courts.Does the law in your jurisdiction address the suspension of the limitation period during mediation process?The Law of Conciliation addresses the suspension of the limitation period. Article 17 of the Law of Conciliation provides that filing a request to the Committee will suspend the limitation periods stipulated in Oman law. The limitation period will apply again starting from the day following the date of completion of the reconciliation. The OCAC Mediation Rules do not address the suspension of the limitation period during mediation process.
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?Even though the Law of Conciliation provides rules for conciliation and reconcile, it does not regulate whether the parties to take interim measures during the process.
The OCAC Mediation Rules also do not provide or state any interim measures that can be taken 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)Yes, the Conciliation & Reconcile Committee is responsible to provide mediation/conciliation, and it is public.
Additionally, the OCAC is a centre responsible to provide arbitration, mediation, conciliation and all other forms of Alternative Dispute Resolution services agreed to by the disputing parties for the resolution of local and international commercial disputes. The OCAC is public, subordinates to the Oman Chamber of Commerce and Industry, and has legal personality and financial and administrative independence.
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.Generally, the Oman law does not set out specific criteria for qualifying as mediators/conciliators. However, the Law of Conciliation provides that the Committee shall be formed by a decision of the Minister of Justice and Legal Affairs, headed by one of the judges, and the membership of two of them.
As for the OCAC, there are specific criteria for qualifying as mediators/conciliators in Article 9 of the Membership Regulation issued by the OCAC.The OCAC also published the Code of Ethics governing the profession of arbitrators, meditators and experts. The Code of Ethics is accessible here
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?Oman is not a currently a signatory of the Singapore Convention on Mediation, but there has been discussion on this issue as the concept of mediation becomes more firmly recognised in Oman.
Are there any mediation training centres in your jurisdiction?The OCAC announces training from time to time in cooperation with other recognized centres/institutions.
Does your jurisdiction provide e-mediation? (i.e., automated online dispute resolution system with no interaction from a third party at all).Not yet.
