SCCA 2026 mediation rules update enhances mediation options in Saudi Arabia

Nesreen Osman and Chun Pin Yap of Pinsent Masons, who help businesses operating in the Middle East resolve commercial disputes, said the SCCA update represents a welcome institutional development supporting the adoption of mediation as a form of alternative dispute resolution. The new rules came into force on 1 August 2026 and follow on from a public consultation held by SCCA last November on proposed updates.

The new rules (23-page / 700KB PDF) introduce a number of changes and new provisions compared to the 2016 SCCA mediation rules, reflecting the progress made in alternative dispute resolution in KSA over the past decade.

The new rules impose procedural requirements for triggering SCCA mediation proceedings via the filing of a request for mediation. For example, the rules now clearly prescribe an electronic filing system and, while they still provide for “any other means that provides a record of its transmission” as a catch-all, the new rules have removed express reference to methods that are now generally obsolete, such as fax. The rules further stipulate what should be included within the requests for mediation, such as details of the parties involved, relevant contracts or legal documents, and a brief description of the nature of the dispute.

Alongside filing their request for mediation, parties must pay the SCCA registration fee of SAR 1,000 (US$260). The mediation is deemed to commence on the date the SCCA determines that the filing and fee requirements have been met.

The 2026 rules also address circumstances in which the parties have agreed to mediate but their agreement does not specify when and where the mediation conference should take place and in what language. In relation to language, the rules prescribe that, in the absence of agreement, the SCCA and the mediator should be guided by the language(s) of the mediation agreement, of any contract containing the mediation agreement, the circumstances of the case, and the convenience of the chosen language(s) for the parties. Under the rules, mediation conferences can be held remotely.

The rules further address how mediators are appointed, providing scope for the parties to request the SCCA to appoint one where they cannot agree. Mediators are required to be impartial and independent and must disclose circumstances that could bring that into question. The process for appointing a replacement mediator is also set out in the new rules where Article 8(3) identifies specific attributes that the SCCA should have regard to when appointing a mediator, such as availability, experience, expertise and nationality.

Mediators have a degree of flexibility as to how they conduct mediation proceedings under the new rules, but the 2026 rules do refer to certain time limits. For example, mediators may, within 14 days of appointment, convene a pre-mediation conference with the parties to discuss the procedural timetable and the manner in which proceedings will be conducted – and to follow up with written confirmation of what was decided. Notices, records, reports, expert opinions, materials, or other documents relevant to the matters in dispute must then be submitted to the mediator by the parties at least 14 days prior to the mediation conference, unless the mediator instructs otherwise. The mediator may also request additional information.

The rules impose confidentiality obligations on mediators and require parties to “maintain the confidentiality of the mediation” too. This extends to the terms of settlement agreements and further prohibits the parties from relying on, or introducing, evidence in arbitration or litigation that relates to a dispute that was or is the subject of the mediation. Parties must also return physical documents exchanged in the mediation or, in the case of electronic materials, permanently delete them. These provisions are particularly significant in the Kingdom where confidentiality in respect of “without prejudice” discussions – a concept not generally recognised in Middle East civil law jurisdictions – is of exceptional importance.

If a complete settlement is not reached during the mediation conference, mediators can – if the parties agree – seek to facilitate further negotiation for a reasonable period of time thereafter. The rules state, however, that they should make reasonable efforts to conclude the mediation within 60 days of appointment, without compromising any progress made in the negotiations, and “not extend the mediation period beyond the point at which further efforts would no longer be useful”. Parties themselves face obligations to act in good faith and advance the mediation as expeditiously as possible.

Commenting on the mediator’s role under the 2026 rules, Chun Pin Yap, a construction disputes specialist at Pinsent Masons, said: “By extending the mediators’ role beyond the mediation conference, Articles 10(7) and 10(8) would be welcomed by parties who are indeed genuine to resolve their differences through mediation and are prepared to continue their conversations beyond the mediation conference, without needing to worry about extension of the mediator’s appointment.”

The rules further prescribe when a mediation can be terminated. This includes where the mediator issues a written declaration that the mediation has been completed or where the mediator declares in writing that, in the mediator’s judgement, further efforts at mediation would not contribute to the resolution of the dispute. A party may also terminate proceedings by making its own written declaration that, in its judgement, a settlement cannot be reached and that it wishes to terminate, irrespective of any party-agreed mediation period. 

The rules provide for the SCCA to determine the costs of mediation, including its administration fees and mediator fees, and allow the SCCA to collect an advance deposit in an amount it considers likely to cover those costs.

The SCCA stated that its updated mediation rules are part of its efforts to remain aligned with “the highest international standards and practice”, noting that it had undertaken benchmarking against “various international mediation rules” developed by other institutions.

Nesreen Osman, dispute resolution expert at Pinsent Masons, said: “The SCCA's 2026 mediation rules are a timely and welcome development. The new rules bring meaningful procedural clarity – on mediator appointment, confidentiality, and the mediation timeline – that businesses operating in the Kingdom have lacked until now. Combined with the growing momentum across the region, with DIAC, arbitrateAD and QICCA all publishing updated mediation rules in recent years, we are witnessing a genuine shift towards mediation as a credible and structured alternative to arbitration and litigation in the Middle East.”