Operating Rules and Procedures of Reconciliation Offices

Chapter 1: General Provisions

Article 1 Definitions

  • The following terms and expressions – wherever they occur in these Rules – shall have the meanings assigned thereto, unless the context requires otherwise:

    • 1. Statute: The Reconciliation Center Statute promulgated by the Council of Ministers Resolution no. (103), dated 8/4/1434H.

    • 2. Rules: These rules, which are referred to in Article 9 of the Statute.

    • 3. Center: The Reconciliation Center, established pursuant to the Council of Ministers Resolution no. (103), dated 8/4/1434H.

    • 4. Ministry: The Ministry of Justice.

    • 5. Minister: The Minister of Justice.

    • 6. Secretary General: The Secretary General of the Center.

    • 7. Reconciliation: A consensual means of settling disputes undertaken by reconciliation offices, whether in whole or in part.

    • 8. Reconciliation Offices: The offices affiliated with the Center.

    • 9. Reconciliation Officer: A person who undertakes reconciliation work in accordance with the provisions of the Statute.

    • 10. Registered Reconciliation Officers: The reconciliation officers and agencies other than the Ministry employees from whom an office seeks assistance and who are registered in the record prepared for this purpose in accordance with the provisions of the Statute and the rules and decisions issued in implementation thereof.

    • 11. Parties and Parties to the Reconciliation: All parties to the dispute subject of the reconciliation, whether they are two or more, not including the reconciliation officer.

    • 12. Reconciliation Record: A paper or electronic document wherein is recorded the settlement agreed upon by the parties to the reconciliation and approved for implementation.

Related files
Hide
Related file link

Article 2 Referral to Reconciliation Offices and their Competencies

  • 1. Reconciliation offices shall perform reconciliation work in the following:

    • a. Disputes referred thereto by courts; and

    • b. Disputes that the parties thereto or some of them refer to these offices whether initially or after starting to hear the dispute at any stage of the proceedings, provided that the judge considering the lawsuit is notified.

  • 2. Reconciliation offices shall not perform reconciliation work in matters contrary to Islamic Shariah, matters over which the parties to the reconciliation have no right to engage in reconciliation, nor matters which breach the law.

Chapter 2: The Reformer

Article 3 Reconciliation Officer's Values

  • A reconciliation officer shall, in performing his work, adhere to the values ​​of confidentiality, impartiality, professionalism, proficiency, integrity and other ethical principles associated therewith.

Related files
Hide
Related file link

Article 4 Reconciliation Officer's Impartiality

  • A reconciliation officer may not perform reconciliation work in cases that can affect his neutrality and independence except after disclosure to the office management and to all parties to the reconciliation and obtaining their acceptance in writing; these cases may, inter alia, include the following:

    • 1. If the reconciliation officer, his spouse, relatives, or in-laws up to the fourth degree has an existing or potential interest in the dispute, such as a professional relationship or partnership with one of the parties, whether still existing or not, or his personal or financial interest in the reconciliation results, or any other reason that could affect his independence and impartiality.

    • 2. If the reconciliation officer has previously pleaded on behalf of one of the parties to the dispute, issued a fatwa therein, considered same in the capacity of an expert or arbitrator, gave testimony therein, or initiated any investigation procedure therein.

Related files
Hide
Related file link

Article 5 Reconciliation Officer’s Relation to the Lawsuit after Undertaking Reconciliation therein

  • A reconciliation officer shall not act as agent, plead, assume arbitration, or provide consultation to any of the parties to the reconciliation in the dispute wherein he performs the reconciliation work, even upon the conclusion thereof, except with the approval of the parties, and only as concerns actions that are considered complementary to the reconciliation work, such as guiding the parties to the method of implementation.

Chapter 3: Registered Reformers

Article 6 Reconciliation Offices Seeking Assistance from Reconciliation Officers other than Ministry Employees

  • Reconciliation offices may seek the assistance of reconciliation officers other than the employees of the Ministry; these shall comprise employees from the government, private and non-profit sectors who meet the conditions and qualifications set out in Article 7 hereof upon their approval and registration in accordance with the provisions of these Rules. Offices may only seek assistance from a registered reconciliation officer.

Next section title

Next section content