Reconciliation and Settlement as an Amicable Alternative to Litigation, Promotes Tolerance and Justice and Reduces the Courts` Workload
04/09/2025
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An alternative method to promote trust in law and support social justice
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Reconciliation Minutes: An Executive document enforced by judicial rulings
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Sixty days to reach a settlement and flexibility to extend deadlines
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A legal framework outlining the specialisation of the reconciliation and settlement committees
Reconciliation committees were established by Royal Decree No. (98/2005) to provide an amicable alternative for settling civil and commercial disputes between individuals, contribute to promoting the values of tolerance and justice, and reduce the burden of litigation on the courts.
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Four committees supervised by Muscat Governorate
These committees are now affiliated with the governorates, were previously managed by the Ministry of Justice. The Muscat Governorate oversees four reconciliation and settlement committees. They include Muscat Reconciliation and Settlement Committee, involving Muscat, Mutrah and Bawshar, a committee in Al Amerat, a committee in Quriyat, and a committee in Seeb.
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Flexible Procedures to create a Consensual Environment
According to the law governing the work of reconciliation and settlement committees, their jurisdiction (specialisation) begins before the official registration of a lawsuit. This committee offers the claimants or their representatives -prior to the lawsuits’ registration - to settle the dispute peacefully through the relevant committee. If the claimant or their representative accepts this offer, the dispute is submitted to the relevant committee, which attempts to reconcile the disputants and solve the dispute peacefully.
This step is a preliminary preparatory procedure that aims to arrange reaching a satisfactory solution for all sides and avoid initiating long and costly judicial proceedings, regarding time, effort or expenses.
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Reconciliation Sessions with the attendance of the sides; delay is conditional
The committee conducts specialised sessions to evaluate the dispute and try to unite both sides` viewpoints. Article (14) requires that if one side does not attend the settlement session, it will be rescheduled to another session of which the absent side is informed. However, the delay may not be repeated again for the same reason, to avoid procrastination.
In case the sides do not attend after the postponement, or if they attend and refuse to reconcile wholly or partially, the committee shall issue a decision not to reconcile, explaining the reasons for this. This decision is applicable only to those who did not accept reconciliation. While the committee continues the settlement procedures with the remaining members if the dispute is divisible, reflecting the procedure`s flexibility and its commitment to fulfil justice as much as possible.
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Minutes of Reconciliation... An Executive Document with a Judgement
If the committee succeeds to reconcile among parties, a reconciliation minutes, containing the date and the agreement details, will be prepared and signed by all dispute parties. The committee’s head and the present members of the committee will sign the minutes. This report is important because once signed, it becomes an executive document that has the same power as a final judicial judgement.
The committee submits an official copy of the minutes to each party, while the original copy is saved in the application file. Thus documenting the agreement and keeping the parties` rights.
In case one party does not implement voluntarily the agreement, the other party can request compulsory implementation of the minutes, after receiving a copy stamped by the committee and attached to the executive copy, according to the Law of Civil and Commercial Procedures.
A significant regulatory aspect of the Law is Article 16, which allows a party who has lost its copy of the reconciliation minutes to obtain another copy identical to the original copy filed with the Committee. The delivery of another executive copy can only happen after the committee confirms the loss of the first copy and the non-implementation of its contents. Thus reflecting the regulation`s keenness to avoid the abuse of executive minutes and to ensure seriously resorting to compulsory enforcement.
According to Article 17 of the Law, the application`s registration date with the reconciliation committee has great legal importance, as this interrupts the hearing dates and limitation periods stipulated in other legislations. These periods are restarted from the day following the date of achieving reconciliation or issuing a decision not to reconcile. Thus preserving the sides’ rights in terms of time and preventing their expiry during the settlement procedures.
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Sixty days to finalise the Settlement. With a conditional extension
Article 13 of the Law on Reconciliation and Settlement Committees commits to finalising settlement procedures within a maximum period of sixty days from the date of submitting the request, which reflects the legislator`s desire not to exaggerate the dispute duration. The law authorises extending this deadline for a period not exceeding thirty days, providing an agreement between the disputants or their declared approval in front of the committee.
This time limit ensures a balance between providing sufficient time to pursue peaceful solutions and not disrupting the disputants` interests, and motivates the Committee and the sides to respond positively and quickly to the procedures.
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A Strategic Choice to Reduce Courts` Workload and Promote Trust in Law
The importance of reconciliation and settlement committees also plays a significant societal role. These committees contribute to reduce conflicts between individuals and give them an opportunity to settle their conflicts amicably, based on dialogue and understanding. They contribute to strengthening confidence in the law and its institutions, as citizens feel that they have an easy and effective way to achieve their rights without involving a lengthy judicial dispute.
These committees play awareness-raising role, encouraging the resolution of disputes peacefully and promoting tolerance and consensus, principles of Oman`s inherent social values.
The reconciliation and settlement committees in Muscat Governorate are a model in applying alternative justice and exemplify utilising the law to serve the community flexibly and effectively. These committees highlight the law`s role in protecting rights and promoting understanding, and recognise the importance of continuous development, in terms of cadres, procedures and community awareness, to achieve the optimal results.
Reconciliation and settlement committees are a strategic option that must be strengthened and implemented. Since they have a direct influence on achieving social justice, preserving relations between individuals, and reducing workload on the judiciary.