Mediation and Arbitration in Kuwait

Arsan has been successfully resolving business and legal disputes by providing efficient ways of overcoming obstacles at any stage of a conflict.

Dispute resolution is Your first, best alternative to having a dispute resolved through negotiation rather than through litigation instituted in courts of Kuwait. Alternative Dispute Resolution (ADR) may be used to resolve many types of disputes.

You will still have the option of pursuing Your case at the court if the resolution through ADR fails.

Before we proceed with litigation, we pursue all means of available settlement negotiations to reach favorable results.

Most of our clients do appreciate a favorable settlement and find it, in most cases, more beneficial than litigation.

 What are the benefits of Mediation and ADR?

  • Amicable dispute resolution;

  • Beneficial shorter waiting periods;

  • If the issue is resolved, no need to litigate;

  • Once litigation has been commenced, no need to look back wondering why the specific option was not considered before;

  • Concluding the matter in an early stage.

In non-binding mediation, a mediator attempts to help the parties discuss their interests and find a mutually acceptable resolution to their dispute. For example, negotiating with the employer in Kuwait on the client’s behalf. If the parties reach an agreement, the mediator can draft the written contract that may be enforceable in court.

In arbitration, one panel of people or one person decides how the dispute should be resolved after hearing all sides of the issues and studying the evidence as presented by the parties, who are usually represented by their attorneys. Arbitration is quite similar to a trial: the parties present evidence to the arbitrator, who serves as the judge. If arbitration is binding, the court may review the final decision on a limited basis. If arbitration is non-binding, the decision can become final only if accepted by both parties.

 For additional information on arbitration issues and alternative dispute resolution in Kuwait, please feel free to contact our offices