Evaluation of the Jordanian Experience in Mediation and Arbitration Between Spouses

This study examines mediation and arbitration (al-wasāṭah wa-al-taḥkīm) within Jordan’s legal framework. It highlights the strengths and limitations outlined and regulated by the Regulation of Family Reconciliation and Mediation Offices and the Jordanian Personal Status Law (Qānūn al-aḥwāl al-shakhṣīyah). It provides an agreed structure for solving marital disputes, recognitions, and arbitration as the primary forms of redress. It has a historical basis and is derived from Shariah. Articles 126 and 127 of the Jordanian Personal Status Law state arbitration and mediation procedures for finding a solution before divorce and mix conventional thought processes with modern law methods. Another critical step toward institutionalising the resolution of family disputes was made in 2013 with the establishment of the Family Reconciliation and Mediation Offices. These offices are growing ever more complex and, therefore, successful and are integral in providing counselling, community education, and conflict resolution. The current spike in cases means there is a need for constant monitoring and adjustment of their working model. The study also adds more light to the direction that qualified and impartial mediators are crucial. Addressing interactions with children, family relationships, and issues like domestic violence requires more than basic skills; therefore, professional practice training and learning continuity are necessary, whereas, in the current scheme, there are benchmarks of a mediator’s skill. To ensure the purity of that process, one has to discharge or mitigate conflicts of interest of a mediator and enhance the neutral stance of a mediator to strengthen the institution of family dispute resolution.