Kuwait: Mediation as a Method of Dispute Resolution

Analysis

Today, when lawyers prepare joint venture agreements, they usually include alternative dispute resolution mechanisms which are more effective from a business perspective than that of litigation; because litigation is usually not effective, particularly when it comes to a commercial dispute, namely due to its long procedures and the time involved in resolution.

The advantages of alternative dispute resolution are that it is less costly and it is more business oriented in terms of its quick procedures. However, the disadvantage of alternative dispute resolution is that generally it results in a settlement agreement or solution rather than the right result which would be awarded by the courts in litigation, especially when using mediation as a dispute resolution mechanism.