The Middle East and North Africa (MENA) region is home to some of the world’s most ambitious construction projects. However, with scale comes complexity and, as such, a rise in disputes.

From cost overruns and scope changes to contractual disagreements, project disputes can be increasingly costly and disruptive. Against this backdrop, mediation is gaining traction as a practical and efficient way to resolve conflicts before they escalate.

The scale of the challenge

According to the HKA Crux Insight Report 2024, construction projects in the Middle East are experiencing some of the longest overruns globally, with contractors seeking extensions of planned schedules by over 80% on average. Scope change remains the leading cause of disputes, affecting over 52% of projects in the region.

From a dispute resolution perspective, insights from Riyadh International Disputes Week highlighted that while arbitration is well established, there is a clear shift towards exploring a broader mix of dispute resolution methods, including mediation and dispute boards, especially for large-scale projects.

Legal and institutional shifts driving change

Regulators and courts across the region are supporting this move towards mediation:

  • The UAE and Qatar have both enacted mediation laws that emphasise confidentiality and enforceability.
  • The DIFC Courts Mediation Centre, launched under Law No. (2) of 2025, now offers an alternative route for resolving civil and commercial disputes in Dubai with the support of registered mediators.

Together, these developments are positioning mediation as a viable, and in some cases encouraged, pathway within the region’s evolving legal landscape.

Why mediation makes commercial sense

For construction professionals, mediation offers clear, practical advantages:

  • Faster outcomes - mediation can be arranged and completed in a fraction of the time required for arbitration.
  • Cost control - reducing procedural costs and legal fees can make a significant difference on large claims.
  • Preserving relationships - unlike litigation, mediation allows parties to resolve issues without damaging long-term partnerships.
  • Flexible outcomes - settlements can include commercial terms that courts or arbitral tribunals might not have the authority to impose.

How RICS DRS is supporting this shift

The RICS Mediation Training Programme, delivered face-to-face at DIFC Courts in Dubai, is designed to equip professionals with the skills they need to mediate disputes effectively.

Built on the ACRE™ framework (Analytical, Commercial, Restorative, Expert), the programme combines practical coaching, role-play exercises, and peer feedback to prepare participants for real-world mediation. It also supports part of the eligibility requirements for the DIFC Courts Panel of Mediators* and is recognised by key international dispute resolution bodies.

🔗 Find out more about the October 2025 programme

*The full eligibility is currently being finalised.

As project risks increase and legal systems in the region continue to evolve, the demand for effective, skilled mediators is only set to grow. For professionals across construction, infrastructure, and commercial real estate, mediation offers a practical, commercially sound way to manage disputes and secure new opportunities in a changing market.