Sulha: Traditional Arab Dispute Resolution

From the Business Conflict Blog of Peter Phillips.

Continuing with the series on models of conflict resolution that are not based on the parties’ interests, below is reproduced another chapter in a proposed book on alternatives to Western mediation methods. This one — the Arab practice of sulha – is centuries old, pre-dating even the Prophet, and its motivating considerations are an amalgam of the community’s desire for stability, aggrieved parties’ need for restored honor, and accused parties’ need for reconciliation and regaining face.
Vindicating individuals’ particular interests is nowhere to be found.
Arab Approaches to Conflict:
Where Honor and Respect Drive the Process[1]

Western approaches to conflict contain assumptions (a) that conflict is inevitable, normal, and can lead to positive change within enterprises; (b) that conflict can be managed and resolved to the satisfaction of the disputants; (c) that the disputants’ rational assessment of interests and generation of alternatives can yield value-added outcomes; (d) that written and enforceable legal instruments are the ideal outcome of consensual conflict resolution processes; (e) that negotiation is best facilitated by a third party who is independent and neutral; (f) that the terms of the resolution are socially satisfactory if they are satisfactory to the disputants, and need not conform to the terms that a court might render; and (g) that the resolution process typically addresses the allocation of resources and risks as to which there are competing claims.[2]

Click here for the rest of the post.

                        author

F. Peter Phillips

F. Peter Phillips is a commercial arbitrator and mediator with substantial experience providing consultation on the management of business disputes to companies around the globe. A cum laude graduate of Dartmouth College and a magna cum laude graduate of New York Law School, Mr. Phillips served for nearly ten years… MORE >

Featured Mediators

ad
View all

Read these next

Category

What All New Leaders Should Understand

Coming into a role where you are expected to get others to work together efficiently and effectively to create the best possible product or service isn’t an easy task. Especially...

By Jason Dykstra
Category

Open Source Negotiation Of Public Works

You might recall an earlier post in which I reported the (both expected and astonishing) results of an open source project in which researchers "opened up a set of 166...

By Victoria Pynchon
Category

International Mediation Updates

Here is an update on international mediation developments from Keith Seat, Mediate.com Mediation News Editor. HM Revenue & Customs sponsored several informal consultations in 2010 about mediation and appears to...

By Managing Editor

Find a Mediator

X
X
X