This article critically
examines the implementation of mandatory mediation in Saudi Arabia, following
the enactment of the Commercial Courts Law (CCL) and its Implementing
Regulations. It situates this development within the broader global trend
toward mandatory mediation, comparing the Saudi framework to established models
in England and Wales and in Singapore. The study explores the theoretical
foundations of mandatory mediation, assessing its potential benefits, such as
the facilitation of access to justice and promotion of party autonomy and
efficiency, alongside its inherent challenges. Through a detailed analysis of
the design and outcomes of the CCL’s mediation provisions, this article
identifies areas for enhancement within Saudi Arabia’s unique legal and
cultural context. By addressing a notable gap in the literature, the findings
contribute valuable insights for legal scholars, practitioners, and
policymakers, ultimately advocating for the optimization of alternative dispute
resolution (ADR) mechanisms to foster efficient and amicable commercial dispute
resolution in the Kingdom.