Where East not always meets West: Comparing the Sulha process to Western‐style mediation and arbitration

Date01 June 2011
AuthorDoron Pely
Published date01 June 2011
Where East Not Always Meets West:Comparing
the Sulha Process to Western-Style Mediation
and Arbitration
Doron Pely
The author uses literature and interviews to compare elements of the
Muslim inter-clan, mixed-mode mediation and arbitration tradition of
Sulha in Israel’s Arab community with comparable elements of Western-
style mediation and arbitration practices. The author uncovers and
analyzes the similarities and differences between specific Western-style
and Sulha mediation and arbitration elements, such as confidentiality,
venting, and neutrality. Such insights may be helpful when considering
possible synergies and points of divergence between Muslim and West-
ern dispute-resolution practices.
Alternative dispute resolution (ADR) is a generic term referring to var-
ious means of settling disputes outside of the courtroom, such as con-
ciliation, facilitation, negotiation, neutral evaluation, mediation, and
arbitration, among others (Abu-Nimer, 1996; Barrett and Barrett, 2004).
Some Western ADR practices, such as arbitration and mediation,
evolved over the years into distinct and separate approaches. Disputants
who choose (or are instructed) to seek a solution outside the courtroom
can make use of one of these separately available methods.
In contrast, Sulha, a traditional Middle Eastern inter- and intra-clan
customary justice process, dating back to a pre-Islamic period (Jabbour,
1993; Othman, 2007), makes use of a unique mix of local variants
of mediation and arbitration techniques to facilitate the transformation of
inter- and intracommunal disputes from a desire for revenge to an hon-
orable willingness to forgive, a process that in many cases effectively
CONFLICT RESOLUTION QUARTERLY, vol. 28, no. 4, Summer 2011 427
© Wiley Periodicals, Inc. and the Association for Conflict Resolution
Published online in Wiley Online Library (wileyonlinelibrary.com) • DOI: 10.1002/crq.20028

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT