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 

Under Jordanian law, respecting the sequence of dispute resolution procedures agreed upon in a contract is a fundamental principle. If the contract clearly states that mediation must take place before arbitration, skipping this step constitutes a breach of the agreement and may render any arbitration proceedings procedurally inadmissible.

This principle is supported by Article 87 of the Jordanian Civil Code, which requires parties to perform their contractual obligations in good faith and according to what has been agreed upon, as well as Article 10 of the Arbitration Law No. 31 of 2001, which affirms the parties’ freedom to define their own dispute resolution mechanism. Accordingly, arbitration should not begin before the mediation requirement has been fulfilled if it is set as a binding condition precedent in the contract.

In practice, the affected party may request the arbitral tribunal or the competent court to suspend the proceedings until mediation is completed, or raise an objection that the arbitration is inadmissible due to non-fulfillment of a contractual condition. Jordanian courts and arbitral bodies usually treat such objections seriously, in line with the principle that “contracts are the law of the parties.”

To protect your legal position, you should:

Send a formal written notice to the other party confirming your willingness to proceed with mediation and proposing a reasonable timeline and mediator.

Keep evidence that you acted in good faith and made genuine efforts to fulfill this requirement.

If the other party insists on moving forward with arbitration, file a written objection before the arbitral tribunal, requesting a stay of proceedings until mediation is completed.

Following this sequence safeguards your procedural rights and demonstrates your respect for the agreed dispute resolution process, in harmony with the principles of fairness and due process under Jordanian law.

Haya Rahhal