Mediation for Muslims: Business Disputes

 Posted on September 30, 2018 in Business Law

Business disputes arise in many different contexts, from disputes with suppliers or employees to disputes among co-owners of the business. Given that corporate law as it is practiced in the U.S. tends to be very Western and individualistic in its approach, it can be difficult for members of the Muslim community to integrate their own cultural and religious practices into the existing corporate law structures. For example, the practice of taking a business dispute to court can come into conflict with a Muslim business owner’s religious and cultural practices for resolving disputes.

When Western jurisprudence seems to diverge from the principles of Islamic law or Islamic cultural practices more generally when determining the outcome of a business dispute, the parties may consider turning to mediation. A form of alternative dispute resolution (ADR), mediation allows parties to a dispute to play an important role in the outcome of the situation all while being flexible with regard to the practices and styles of the mediation space.

How Mediation Can Be Flexible for Muslims Involved in Business Disputes

Different from the individualism that is central to much of Western legal practice, mediation allows for collaborative approaches to business disputes. Moreover, mediation recognizes the need to integrate various perspectives and voices into the dispute resolution process, ultimately reaching a resolution through the creation of a form of community in the mediation space. In other words, mediation allows parties engaged in a dispute to find a way to voice their concerns, make compromises, and ultimately reach a resolution with which everyone is satisfied.

The mediation space is extremely flexible, and the approaches taken by a mediator in a business dispute are tailored significantly to the needs of the parties involved. Approximately one-third of all mediators who practice in the U.S. also regularly practice in other parts of the world, in Canada, Europe, Australia, Asia and the Middle East, Latin America, and Africa. Given the diverse geographic experiences of many mediators, it should not come as a surprise that their mediation styles are diverse, and many mediators emphasize their personal commitment to flexibility and dynamism in mediation. Indeed, mediators tend to tailor their approaches to the specifics of each case, considering all aspects of the dispute — including the different religious and cultural practices that may be influencing the case.

How Mediation Can help with Muslim Business Disputes

Mediation can be beneficial in many ways for Muslims facing business disputes, including but not limited to the following:

• Keeping facts of the dispute confidential;
• Tailoring the approach of the mediation sessions to recognize the religious and cultural practices of the parties;
• Having a third-party mediator who is neutral and can help to resolve disputes that may have arisen as a result of cultural or religious differences; and
• Providing a space in which parties can voice their concerns, forgive mistakes made, and reach a resolution.

Contact an Experienced Oakbrook Terrace Business Law Attorney

When you are facing a business dispute as a Muslim business owner, it is important to consider the benefits of mediation. As we mentioned, mediation often allows the parties involved in the dispute to come to an agreement in a manner that does not require anyone to relegate the importance of religious and cultural practices.

If you have questions about whether mediation is right for your business, you should speak with an experienced Oakbrook Terrace business lawyer as soon as possible. The advocates at Farooqi & Husain Law Office have years of experience providing assistance to business owners within the Muslim community, and we can speak with you today about the ways that mediation may be able to help with a business dispute. Contact Farooqi & Husain Law Office for more information about the services we provide in DuPage County.

Source:

https://www.americanbar.org/content/dam/aba/publications/dispute_resolution_magazine/winter2016/3_Stipanowich_Winter_2016.authcheckdam.pdf