If a Jordanian contract requires mediation before arbitration, can either side skip mediation and go straight to arbitration?

Under Jordanian law, if the contract expressly provides that mediation is a condition precedent to arbitration, this sequence is legally binding. Commencing arbitration without first attempting mediation may be deemed premature and procedurally defective. The arbitral tribunal—or, if necessary, the competent court—may stay or dismiss such proceedings until the mediation requirement is fulfilled.

To protect your rights, you should:

• Formally notify the other party in writing, invoking the mediation clause and proposing a mediator and timeline.
• Object immediately before the arbitral tribunal (or court) to any premature arbitration, citing non-fulfillment of the contractual condition precedent.
• Request a stay of proceedings pending completion of mediation.

These steps preserve your procedural rights and ensure compliance with the agreed dispute resolution mechanism under Jordanian ADR principles.
Rawan Noubani - Attorney at law 

Under Jordanian law, if the contract expressly provides that mediation is a condition precedent to arbitration, this sequence is legally binding. Commencing arbitration without first attempting mediation may be deemed premature and procedurally defective. The arbitral tribunal—or, if necessary, the competent court—may stay or dismiss such proceedings until the mediation requirement is fulfilled.

To protect your rights, you should:

• Formally notify the other party in writing, invoking the mediation clause and proposing a mediator and timeline.
• Object immediately before the arbitral tribunal (or court) to any premature arbitration, citing non-fulfillment of the contractual condition precedent.
• Request a stay of proceedings pending completion of mediation.

These steps preserve your procedural rights and ensure compliance with the agreed dispute resolution mechanism under Jordanian ADR principles.
Rawan Noubani - Attorney at law