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

In: International Negotiation
Authors:
Maura A. E. Pilotti Prince Mohammad Bin Fahd University P. O. Box 1664, Al Khobar 31952 Kingdom of Saudi Arabia

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Khadija El Alaoui Prince Mohammad Bin Fahd University P. O. Box 1664, Al Khobar 31952 Kingdom of Saudi Arabia

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Muamar Hasan Salameh Prince Mohammad Bin Fahd University P. O. Box 1664, Al Khobar 31952 Kingdom of Saudi Arabia

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Sukhsimranjit Singh Pepperdine University 24255 Pacific Coast Hwy, Malibu, CA 90263 USA

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Huda Al Mulhem Prince Mohammad Bin Fahd University P. O. Box 1664, Al Khobar 31952 Kingdom of Saudi Arabia

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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.

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