The Adr Statement: The Adr Movement In Kuwait

II. THE ADR MOVEMENT IN KUWAIT
It is unfair to compare the ADR movement in Kuwait with the U.S. for many reasons. First, Kuwait as an official country is relatively new. Kuwait was "An Independent Country Under British Protection," according to an agreement between Lieut. Colonel M.J. Meade, the Political Resident in the Arabian Gulf and Sheikh Mubarak Al-Sabah, Ruler of Kuwait signed January 23, 1899. In 1950, the ruler of Kuwait became Sheikh Abdullah Al-Salem Al-Sabah, who realized that the protectorate agreement was no longer appropriate after the changes that had taken place in the circumstances of Kuwait and the region; moreover, the Arab nationalism movement during that time led to the Declaration of Independence of Kuwait on June

The judicial power was divided between two jurisdiction's authorities. The British High Commissioner exercised his jurisdiction over British and foreign cases, even if one of the parties involved in the case was a Kuwaiti citizen. And, the Kuwaiti courts, which were formed as the Main Sharia Court, exercised its jurisdiction over criminal, commercial, and civil cases, Personal Statute and Family Courts (one for Sunni Muslims and another for Shiites), and a Court for Minor Crimes.
In the movement toward independence and self-governance, Kuwait enacted many laws before the declaration of independence. One of those laws was the Judiciary Act of 1959. This was the first modern act in Kuwait regulating dispute resolution, or, for that matter, any ADR forms whatsoever. It also contained in Article 39 the very first piece of legislation that regulated arbitration as an ADR tool.
Unfortunately, from 1959 until now, much legislation has been enacted to regulate dispute resolution in Kuwait, but none of it has regulated or recognized mediation as a form of ADR. Litigation still constitutes the focus of the bulk of this legislation, though some parts utilize arbitration. Mediation never became an option for disputants in

Kuwait as an Arab country was influenced by Islamic culture throughout history. This influence began when a lot of "Arab Tribes" started to convert to Islam, which promotes peaceful methods such as mediation for resolving disputes. This mindset encouraged existing Arab tribes to use non-violent approaches to resolve their disputes, rather than the violent methods they were accustomed to. Also, the Kuwaiti legal system, by law, does not prohibit settlement out of courts, but there is no legal process or protection for those who choose to settle outside of