The New and the Old: A Qualitative Analysis of Modes of Conflict Resolution in the Kingdom of Saudi Arabia

International Negotiation, 25(2), 329-344

Pepperdine University Legal Studies Research Paper No. 2021/4

17 Pages Posted: 18 Feb 2021 Last revised: 5 May 2021

See all articles by Khadija El Alaoui

Khadija El Alaoui

Prince Mohammad Bin Fahd University

Maura Pilotti

Prince Mohammad Bin Fahd University

muamar salameh

Prince Mohammad Bin Fahd University

Sukhsimranjit Singh

Pepperdine University - Rick J. Caruso School of Law

Date Written: December 19, 2020

Abstract

Using a case study method, we examine how practitioners, including judges, arbitrators and community mediators, view dispute resolution in the Kingdom of Saudi Arabia (KSA). The goal of this study is to assess whether traditional approaches to dispute resolution coexist with or are discarded for imported modes. Participants were selected through convenience sampling. Structured interviews involved (a) participants’ general theoretical foundations, (b) key principles that govern their professional role, (c) their views of different roles, and (d) the extent to which traditional modi operandi persist. The results highlight the dominance of principles and practices of Sharia law over common law. Although the use of formal Western procedures was reported in commercial disputes and rarely in family and tribal matters, implementation was undeniably shaped by religious and kin-based social habits and values.

Keywords: dispute resolution, cultural diversity, traditions

Suggested Citation

El Alaoui, Khadija and Pilotti, Maura and salameh, muamar and Singh, Sukhsimranjit, The New and the Old: A Qualitative Analysis of Modes of Conflict Resolution in the Kingdom of Saudi Arabia (December 19, 2020). International Negotiation, 25(2), 329-344 , Pepperdine University Legal Studies Research Paper No. 2021/4, Available at SSRN: https://ssrn.com/abstract=3752088 or http://dx.doi.org/10.2139/ssrn.3752088

Khadija El Alaoui

Prince Mohammad Bin Fahd University ( email )

P.O. Box 1664
Al Khobar, 31952
Saudi Arabia

Maura Pilotti

Prince Mohammad Bin Fahd University ( email )

P.O. Box 1664
Al Khobar, 31952
Saudi Arabia

Muamar Salameh

Prince Mohammad Bin Fahd University ( email )

P.O. Box 1664
Al Khobar, 31952
Saudi Arabia

Sukhsimranjit Singh (Contact Author)

Pepperdine University - Rick J. Caruso School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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