To Conciliate or to Mediate?

The Qatar International Center for Conciliation and Arbitration (QICCA) has issued an updated set of Conciliation Rules, effective in 2026 (2026 QICCA Conciliation Rules). The new framework refreshes Qatar’s institutional offering for amicable dispute resolution and sits alongside Qatar’s statutory mediation regime under Law No. 20 of 2021 on Mediation in the Settlement of Civil and Commercial Disputes (“Law No. 20 of 2021” or the “Law”).

Our previous article, which provides an overview on the scope and key elements of Law No. 20 of 2021, can be found here.

For businesses operating in Qatar’s construction, infrastructure, and government contracting sectors, where multi-tier dispute resolution clauses are standard, the interaction between these frameworks warrants careful review of dispute resolution provisions to optimize access to both conciliation and mediation pathways.

This alert provides an overview of the 2026 QICCA Conciliation Rules, their interaction with Law No. 20 of 2021, how they compare with leading regional and international frameworks, and the practical guidance for parties doing business in Qatar.

 

Overview of the 2026 QICCA Conciliation Rules

The Qatar International Center for Conciliation and Arbitration serves as a principal institutional framework for the resolution of commercial disputes in the State of Qatar. Among its core objectives, QICCA is mandated to provide alternative dispute resolution (ADR) services, including conciliation, mediation, and arbitration, for both local and international commercial disputes, administered in accordance with the Conciliation and Arbitration Rules of the Center.

The 2026 QICCA Conciliation Rules represent the most recent iteration of the QICCA’s procedural framework governing conciliation proceedings, setting out the rules applicable to the conduct of conciliation from commencement through settlement or termination, and establishing the duties, powers, and obligations of conciliators, parties, and QICCA itself.

The 2026 QICCA Conciliation Rules, modeled on the UNCITRAL Conciliation Rules, apply whenever parties have agreed to submit their disputes to conciliation under either the QICCA Conciliation Rules or the Qatar Chamber rules contemplated in terms of Law No. 11 of 1990 pertaining to Establishment of the Qatar Chamber of Commerce and Industry, and they apply regardless of whether the underlying dispute is contractual or non-contractual in nature.

The 2026 QICCA Conciliation Rules treat “conciliation” and “mediation” as interchangeable terms, defining the process broadly as any procedure in which parties seek the assistance of a third person to reach an amicable settlement. They also extend, with appropriate modifications, to expert determination pending the entry into force of QICCA’s dedicated expert determination rules.

Key procedural features include: commencement upon written request to the Center together with payment of registration fees; appointment of a single conciliator by default, to be appointed by the parties within three days of commencement, failing which the Center will make the appointment; a thirty-day default period for the conciliator to complete the mandate unless otherwise agreed; and an escalation to QICCA arbitration if the dispute is not settled within sixty days, unless the parties agree otherwise.

The 2026 QICCA Conciliation Rules also impose robust confidentiality obligations on the conciliator and the parties, render conciliation communications inadmissible in subsequent arbitral or judicial proceedings, and prohibit the conciliator from later acting as arbitrator, counsel, or witness in respect of the same or a related dispute, absent party agreement.

Conciliation costs are determined by reference to a published fee schedule and are borne equally by the parties.

Parties should also note the standstill effect of the conciliation process. Under Article 13 of the 2026 QICCA Conciliation Rules, each party undertakes not to initiate any arbitral or judicial proceedings in respect of a dispute that is the subject of the conciliation while the process is ongoing, except where such proceedings are, in the party’s opinion, necessary for preserving its rights. This provision strikes a practical balance: it reinforces the integrity of the conciliation process by discouraging parallel litigation, while preserving each party’s ability to seek urgent interim relief, for example, to protect assets, secure evidence, or prevent the expiry of a limitation period, without forfeiting the benefits of the conciliation agreement.

 

Alignment with International Mediation Frameworks

The 2026 QICCA Conciliation Rules are broadly consistent with leading international mediation frameworks such as the ICC Mediation Rules, the Singapore International Mediation Centre Rules, the LCIA Mediation Rules, all of which similarly emphasize confidentiality, neutral impartiality of the presiding person(s), and the inadmissibility of mediation communications.

Distinctive features of the 2026 QICCA Conciliation Rules include the comparatively short three-day default appointment window, the default thirty-day conciliation period, and an entrenched sixty-day escalation to QICCA arbitration absent contrary agreement.

 

Qatar’s Mediation framework in terms of Law No. 20 of 2021

Law No. 20 of 2021 establishes the statutory framework for civil and commercial mediation in Qatar. It applies to mediations conducted in whole or in part in Qatar, where the parties have agreed that the Law applies, or where the underlying contract is governed by Qatari law.

The Law prescribes the form and validity requirements of mediation agreements, the qualifications and duties of mediators, robust confidentiality obligations (breach of which attracts a minimum QAR 20,000 fine), the form and deposit requirements for settlement agreements, grounds for termination of proceedings, court-connected enforcement mechanisms, a default 30-day timeframe, exemption from judicial fees for mediated settlements, and suspension of limitation periods upon commencement of mediation.

 

Interplay between 2026 QICCA’s Conciliation Rules and Law No. 20 of 2021

The 2026 QICCA Conciliation Rules modernize Qatar’s institutional mediation offering and align, but do not perfectly overlap, with the existing statutory mediation regime under Law No. 20 of 2021.

Law No. 20 of 2021 establishes Qatar’s statutory framework for civil and commercial mediation, applying, subject to international agreements, wherever mediation is conducted in whole or in part in Qatar, where the parties have agreed that the Law applies, or where the underlying contract is governed by Qatari law.

Importantly, Article 3 of the Law expressly carves out from its scope any mediation, procedures or conciliation system specified under other laws of the State of Qatar, as well as matters in which conciliation is not permissible and cases in which the parties have agreed to resolve disputes through arbitration or other dispute resolution methods without resorting to court, unless they expressly agree otherwise.

In our view, this carve-out affords institutional regimes such as the QICCA Conciliation Rules room to operate independently of the statutory court-connected mediation procedure.

The two instruments are broadly aligned on core principles:

• the presiding mediator/conciliator may not impose a solution on the parties;
• both require impartiality and independence of the presiding mediator/conciliator;
• both prescribe a thirty-day default time limit for conclusion of the proceedings, extendable by agreement; and
• both impose strong confidentiality protections and restrict the use of mediation/conciliation communications in subsequent proceedings.

There are, however, points of tension. Law No. 20 of 2021 contains powerful court-connected enforcement mechanisms not replicated in the 2026 QICCA Conciliation Rules: a court seized of a dispute covered by a written mediation agreement must declare the action inadmissible upon the defendant’s plea and may impose a fine of double the filing fees on the claimant party; settlement agreements deposited and authenticated by the court acquire the force of a writ of execution; and commencement of mediation suspends limitation periods.

The settlement and enforcement mechanisms in the 2026 QICCA Conciliation Rules are less potent. A QICCA settlement agreement is, on its face, a contractual instrument that the parties may use as evidence of conciliation under applicable law, and QICCA may issue a certificate evidencing the settlement.

Accordingly, for parties seeking a more binding settlement pathway, one that affords direct court enforcement and the statutory protections of suspension of the limitation periods and inadmissibility of any court action, recourse to mediation under Law No. 20 of 2021 appears preferable to conciliation under the 2026 QICCA Conciliation Rules alone.

Notably, Qatar is a signatory to the Singapore Convention on Mediation, which permits a party to a mediated settlement agreement signed in one contracting state to enforce or invoke that agreement in another contracting state. This gives settlements reached under Law No. 20 of 2021 a potential cross-border enforcement advantage over QICCA conciliation: a QICCA settlement agreement would not automatically fall within the Convention’s scope unless the underlying process also qualifies as "mediation" within the meaning of the Convention and the resulting agreement meets its formal requirements.

 

Practical Guidance for Parties Doing Business in Qatar

Ultimately, the choice between conciliation and mediation should be approached on a tactical and strategic basis, and informed by a parties’ specific commercial, legal, and enforcement objectives.

In this context, the 2026 QICCA Conciliation Rules introduce a streamlined and time‑efficient process, characterised by a default thirty‑day conciliation period and a further sixty‑day escalation mechanism to arbitration, unless the parties agree otherwise. This structure enhances procedural certainty while maintaining flexibility and is likely to be particularly attractive in cases where delays and prolonged disputes carry significant commercial risk.

For contractors and employers, the 2026 QICCA Conciliation Rules provide a credible, efficient, and confidential forum for the amicable resolution of construction and infrastructure disputes. While less binding in nature than statutory mediation, conciliation under the 2026 QICCA Conciliation Rules is well suited to circumstances in which preserving ongoing project relationships and maintaining momentum on site are of equal importance to achieving a legal resolution.

Parties already engaged in disputes may derive significant benefit from the robust inadmissibility and confidentiality regime underpinning the conciliation process. Views expressed, admissions made, and proposals exchanged in the course of conciliation are generally shielded from later use in arbitral or judicial proceedings, and the conciliator is precluded from subsequently acting as arbitrator, counsel, or witness in the absence of agreement by the parties. These safeguards create a meaningful safe harbour for candid and commercially focused settlement discussions, encouraging early resolution. However, they also require careful coordination, as parties wishing to preserve particular evidence or positions for future proceedings should ensure that these are developed and documented through separate channels.

At the same time, parties should remain mindful that, unlike mediation conducted under Law No. 20 of 2021, QICCA conciliation does not in itself provide an automatically enforceable settlement mechanism, which may render it less attractive where certainty of outcome and ease of enforcement are a priority. In circumstances where a more robust settlement pathway is required and enforceability and recourse to the courts are important considerations, statutory mediation is likely to be the preferable option. The availability of court‑backed enforcement mechanisms, together with the potential cross‑border enforcement benefits arising under the Singapore Convention on Mediation, provides parties with significant strategic advantages.

When drafting or revisiting dispute resolution clauses, parties should consider the incorporation of the 2026 QICCA Conciliation Rules, including whether the default sixty‑day escalation to arbitration is appropriate or should be modified to suit the commercial context. Attention should also be given to specifying key procedural elements, such as the language and seat of the proceedings, and the number of conciliators, in order to reduce uncertainty at the outset of any dispute. Existing multi‑tier dispute resolution provisions should be reviewed in light of the new framework to allow access to both conciliation and mediation pathways.