Resolution No. (126) of 2019 Issuing the Executive Regulation of the Mediation Law
Current as of:
Sahwan Law practitioner summary
MoJ Resolution No. 126 of 2019 Issuing the Executive Regulation of the Mediation Law implements the Mediation Law (Legislative Decree No. 22 of 2019) and applies, by its terms, to domestic mediation for dispute resolution. The Regulation is issued by the Minister of Justice, Islamic Affairs and Endowments and provides the operational machinery that the primary statute leaves to subsidiary legislation. Its main provisions cover: the establishment and upkeep at the Office of the Registrar General of the "Roster of Mediators" listing accredited mediators, and publication on the Ministry's website; substantive and procedural conditions for admission to the Roster (capacity, good reputation, absence of disqualifying criminal convictions, qualifications and training); application, vetting, renewal, suspension, and removal from the Roster; disciplinary rules and complaints; mediator fees and cost-allocation defaults; the conduct of a mediation (opening, joint and caucus sessions, confidentiality undertakings, termination); model forms for mediation agreements and settlement minutes; and the interface with court-referred mediation. It should be read with the Mediation Law itself, BCDR's parallel mediation rules, and (for cross-border enforcement) the Singapore Convention on Mediation. No pre-cutoff amendments are on record. Current as of 2026-04-20, reflecting the pre-1 September 2025 cutoff state.
Full text — Articles
In applying the provisions of this Regulation, the following words and expressions in this Regulation shall have the meanings assigned to them in the Legislative Decree No.
(22) of 2019 regarding the Mediation for the Resolution of Disputes, unless the context requires otherwise
The provisions of this Regulation shall apply to local mediation for the resolution of disputes. Mediator’s List
The General Registrar’s Office shall establish a list called the "Mediator’s List" in which the names of accredited mediators shall be recorded, and the list shall be published on the website of the Ministry concerned with Justice affairs. Conditions for registration in the Mediator’s List
In addition to the conditions stipulated in Article
(3) of Legislative Decree No.
(22) of 2019 regarding the Mediation for the Resolution of Disputes, the following conditions shall be met by natural persons who apply for registration in the Mediator’s List: 1- Must have at least a bachelor's degree or a License, or equivalent certificates, from a recognized university or institute. 2- His experience in his field of expertise must not be less than three years. 3- Successfully complete an internship in mediation in accordance with the criteria and conditions established by Ministerial Order, and the Order specifies the cases of exemption from this condition.
The following conditions must be met by legal entities who apply for registration in the mediators' list: 1- Shall be authorized to work in the Kingdom of Bahrain. 2- To designate one or more qualified employees who meet the conditions mandated for registration of a natural person on the mediators' list to represent him in the mediation proceedings. Procedures for registration in the Mediator’s List
The application for registration on the Mediator’s List shall be submitted to the competent employee in the Ministry concerned with Justice affairs on the form prepared for this purpose, provided that it fills in all the data and is accompanied by the necessary papers and documents to verify the fulfilment of the conditions for registration on this list. The application for registration in the list and its attachments shall be presented to the Minister for a ruling on a decision by him within thirty days from the date of submitting the application, and the applicant shall be notified of the decision within seven days from its issuance. The expiration of the deadline for ruling on the request without informing the interested party of the result of the ruling on it is considered as a rejection of the request for registration on this list. Procedures for renewal of registration on the Mediator’s List
The application for renewal of registration on the Mediator’s List shall be submitted at least thirty days before the end of the registration period to the competent employee in the Ministry concerned with Justice affairs on the form prepared for this purpose, provided that it fills in all the data and is accompanied by the necessary papers and documents to verify that the conditions continue to be met for registration on this list. The application for renewal of registration in the list and its attachments shall be presented to the Minister for a ruling on a decision by him within thirty days from the date of submitting the application, and the renewal applicant shall be notified of the decision within seven days from its issuance. The expiration of the deadline for ruling on the request without informing the renewal applicant of the result of the ruling on it is considered as acceptance of the application for renewal of registration. Non-submission of a renewal application within the specified time leads to the removal of the mediator's name from the Mediator’s List by a decision of the Minister. Registration period in the Mediator’s List
The registration period for Mediator’s List shall be three years and renewal shall be for a similar period under the same procedures provided for in Article
(7) of this Regulation. In the event that one of the conditions for registration on the list of experts is not met, the mediator's name shall be removed from the list by an order of the Minister. Mediation procedures
The Parties may agree upon the rules for the mediation or the procedure to be followed. In the absence of such agreement, the mediator shall have the right to proceed with the mediation in accordance with the rules or procedure he deems appropriate, taking into account the conveniences of the parties and the circumstances of the mediation, and provided that it is not inconsistent with the public order.
The mediator shall respect the principle of equal treatment of the parties during the mediation procedures, bearing in mind the circumstances of the dispute. The mediator may propose to the parties a solution to the dispute at any stage of the mediation procedures, without having the authority to impose it upon the parties. Conditions for holding the mediation sessions
The personal presence of the parties themselves or their representatives authorized to mediate the dispute with the mediator, either in person or by electronic means, is required for the validity of the mediation sessions in order to determine the issues in dispute, each party's requests, their defence and the points of their defence. The mediator may meet with each party separately and take such steps as he deems appropriate to reconcile the issues for an amicable resolution of the dispute. Persons other than the parties involved in the dispute or their representatives authorized to mediate the dispute shall not be permitted to attend the mediation sessions unless the parties agree otherwise. The Recusal of the Mediator and his Rejection by the Parties
The mediator shall refrain from mediation in case of the existence of a relationship or affinity up to the fourth degree between the mediator and any of the parties, if the mediator is acting as an official representative of one of the parties to the dispute in any of the proceedings prior to the mediation and related to its subject matter, if the mediator has a personal interest in the dispute, or if he already expressed an opinion thereof. The mediator shall recuse immediately after being informed at any stage of the mediation process and may apologize for any reason causing him discomfort. Each of the parties involved in the dispute may, within seven days after being informed of the occurrence of a refrain or recusal, express their desire to recuse and replace the mediator. This is effective as long as the parties do not consent in writing to the appointment of a mediator, regardless of their knowledge of the situation, with the agreement of the mediator. Mediation During the Hearing of the Lawsuit
If the parties involved in the dispute agree to use mediation during the hearing of the lawsuit, the court shall record in the minutes of its meeting what was agreed upon and the period of time during which the lawsuit is shelved. Termination of Mediation Procedures
The mediation procedures are terminated in one of the following cases: 1- The parties sign the agreement for resolution. 2- A declaration by either party that they no longer wish to continue the mediation. 3- The termination of the mediation period agreed upon, unless the parties agree to extend it. Exemption of Fees
If the dispute is successfully resolved through the mediation procedures during the hearing of the lawsuit before the court and before its judgement, the claimant is fully exempted from court fees if the resolution agreement is submitted within one month from the date of filing of the lawsuit. The claimant shall be exempt from paying one-half of the court costs if the agreement is filed within four months of the date of filling of the lawsuit. If the filing of the agreement exceeds four months, the full fee is payable by the claimant. The court shall determine whether to exempt the claimant from all or part of the fee, or to require the claimant to pay all or the remainder of the fee, or to return the fee - as the case may be. If the dispute is partially concluded by mediation procedures at the time of the hearing of the lawsuit before the court and prior to the court's decision, the exemption of fees provided for in the first paragraph of this section shall apply only with respect to what has been concluded.
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