Sana Abdul Salam Saudi Gazette JEDDAH — Besides being expensive and time consuming, litigating cases in courts puts unnecessary pressure on the judicial system. Cases remain in courts for years while people await a resolution of their conflicts. Keeping this in mind, through her establishment “Walker Consultancy,” Sharia Walker hopes to give the art of mediation a more official stance in the Kingdom. Walker said: “I strongly believe in mediation because it makes both parties in a conflict see each other through human eyes. I think it is important today to gain the skills of mediation, especially since there are so many conflicts today.” According to Walker, facilitated mediation is a form of Alternate Dispute Resolution (ADR) where conflicting parties discuss their cases with a mediator. The mediator tries to resolve the case by trying to find common ground and using specific techniques like negotiation, balancing power, handling emotions and dealing with impasse. “It is a six stage process, which ends in both parties signing an agreement that is balanced and specific. This is very important because you do not want to leave any loose ends,” said Walker. A Saudi national, Walker is a credentialed mediator who received her credential from the nation conflict resolution center in San Diego. She received her bachelor's degree in special education from Dar Al-Hekma College, and her master's in education management from King's College in London. She is currently pursuing her second master's degree in International Affairs from Tufts University. “Mediators come from a variety of backgrounds, and don't necessarily have to have a law degree or be licensed lawyers. However, it is an essential skill for lawyers to acquire so that they can do their jobs more effectively,” said Walker. Since 2011, Walker has acted as a mediator at Small Claims Court in San Diego and at the National Conflict Resolution Center, where she mediated a variety of business disputes. These included employment, workplace, homeowner association, personal injury and real estate issues. Walker Consultancy Established in 2012, Sharia Walker's consultancy service in the Kingdom provides mediation services in business and community/family issues such as disputes in the workplace, personal injury and landlord/tenant issues. The consultancy also offers 12 and 20 hour training programs in Alternative Dispute Resolution (ADR). Becoming a credentialed mediator Walker stated that the general process for one to become a mediator in the US is by going through a 32 hour workshop, where persons work with simulations of cases. This is then followed by mediating real-life conflicts under the mentorship of a credentialed mediator. After this, the credential seeker is evaluated on a mock case that he or she works on. If successful, he or she is then awarded the credential. “Here, the process is not clear,” said Walker. She added:”This is why I am currently trying to see how the process can work and how we can have the backing of the judicial system in Saudi Arabia.” Current mediation practices in the Kingdom Referring to the recent issue of licenses to family counsel centers by the Ministry of Justice, Walker said: “At present, we have mediation for domestic or community disputes in the Kingdom.” “However, mediation can work just as effectively for corporate cases, so we can resolve conflicts within entities like banks and insurance companies. We can also look at cases of conflicts between international franchises and local sponsors,”she said. She stated that while the present system of mediation is less formal, she would like to see the development of a clearer and more professional system that is backed by credentialed mediators. “I would also like to see more mediation consultancy services being set up in the country,” said Walker. Cultural considerations Walker believes that while the current system of mediation in the US is running well there, it cannot be brought to the Kingdom without modification. “We cannot just copy and paste from the system in the US and apply it here, because there are a lot of cultural factors that can come into play,” said Walker. “There is an issue with neutrality here,” said Walker, adding, “In the US there is no issue with being impartial, as it is a more individualistic society. However, here matters like family name or tribal affiliations do have a bearing and legitimacy.” Walker said that this can just as well be a strength, since if the mediator chosen is an elder of a community or family, then people tend to give him or her more respect. She stated that in addition to keeping the above factors into considerations, the settings of the conflict simulations in workshops would also be altered. “So, for example, the dispute would take place in an all-women's educational institution, or we may have a mixed setting but factors like age or seniority in an establishment would be looked at from a more culture specific viewpoint,” said Walker. Efforts to promote mediation in Kingdom Walker stated that she is currently meeting with law firms here to see how they can partner up with the judicial system to establish an official legal process of mediation in the Kingdom. Walker said: “What I am aiming for this country is to have a mediation system that is backed up by the legal system. So, for instance if a judge finds a case that he believes can be worked out through mediation, then he can recommend it for this purpose. Consequently, the agreement signed by both parties after mediation would also carry the stamp of the judicial system.” “If such a system is established, then people can go through the complete 32 hour workshop plus the internship, and become credentialed mediators who can work closely with the legal system,” she added. Progress of the judicial system Walker is positive about the way the judicial system is currently progressing. She said: “Since King Abdullah came into power, one of his main aims has been to strengthen the legal system, which I think is very positive.” “Keeping an eye on the papers, I have seen a lot of revamping of the justice system here in the last three years. The fact that more legal programs are opening up, such as the ones offered by Dar Al-Hekma College and King Abdul Aziz University, is also a good sign,” Walker said. Walker said that she met a female lawyer in one of her workshops who recently argued her case in court, and was surprised to see that the judge she appeared in front of was very supportive. “At the moment, women lawyers in courtrooms are more of a cultural obstacle than anything else, so I hope we will see progress in this area as well,” said Walker.
