AUG 2022 | WWW.LAWYER-MONTHLY.COM Are there circumstances in the construction industry where other forms of dispute resolution, or even litigation, might be better than arbitration? The alternatives to settling disputes other than the judiciary vary between mediation and conciliation, and it is appropriate for the two parties to the dispute to study the appropriate means for settling the dispute between them in order to achieve the continuation of a friendly relationship. If litigation or arbitration is resorted to, the relationship between the two parties to the contract after the issuance of the judgment is often not the same as it was before the dispute occurred. This is why legislators in many countries, including the Kingdom of Saudi Arabia, direct the two parties to the dispute first to turn to reconciliation to resolve the dispute. There are many arbitration centres scattered around the world today, and they have procedures to enable reconciliation before taking any legal action. Further, for contracts related to the construction industry – like any other contracts – mediation and conciliation are considered the most appropriate method for resolving disputes where a personal relationship between parties had a role in the emergence of the contract between them, as is the case in disputes between two parties to a contract that have a kinship or marriage relationship. Such a relationship should be maintained as much as possible, and alternatives to conflict resolution that lead to a rupture in this relationship should be avoided. It is also appropriate for the parties to the dispute to resort to alternatives to litigation and arbitration, especially when the dispute is about minor matters in implementation and not of a fundamental dimension. MY LEGAL LIFE - ABDULAZIZ ALDOMAIJI 21 About Abdulaziz Aldomaiji Please tell us about your journey into law. My journey in law began when I obtained a bachelor’s degree in Sharia Sciences from the College of Sharia in 1980. After that, I obtained a higher diploma in Financial Control from the Institute of Public Administration in Riyadh in 1982. Through this diploma, I became familiar with a number of regulations and legislation that regulated the process of controlling public money. After that, I worked in the financial control department at the Ministry of Finance for 23 years. During this period, I had the opportunity to study a large number of regulations that regulate the work of the government in general and its financial aspects in particular. I also had the opportunity to participate in the study of several issues submitted by companies contracted with the government to implement a number of projects. During my work at Saudi Post from 2005 to 2020, and by virtue of my direct supervision over the financial affairs sector, I worked with the legal department in preparing several defence memoranda submitted to the board of grievances in response to cases filed by a number of contractors who had contracts with Saudi Post. In February 2022, I became a certified Fellow of the Charted Institute of Arbitrators in the United Kingdom. - What do you consider your greatest professional achievement to date? During my career in Saudi Post, many tangible achievements were accomplished: 1. Direct supervision of the conversion of the use of the cash basis in the accounting records of the institution to the accrual basis method. This transformation has been completed and the financial statements are extracted on a commercial basis as of the financial statements for the year 2006. 2. Direct ERP implementation with Oracle (implementation and actual operation since 2007), and the new Oracle Database 12c upgrade implemented in 2018. 3. Direct supervision of the transfer of payments to the ERP system in the institution from the use of checks and cash disbursement to the use of direct automatic transfer to the accounts of employees and suppliers with banks using the Alahli E Corp system. - Can you share anything about your plans for the rest of the year? Currently, I work as an independent financial advisor, and the plan is to transform my work into institutional work by establishing a financial advisory office specialising in providing financial advice and mediation in resolving commercial disputes. Be sure to view this article on the Lawyer Monthly website, where a range of useful sources are provided.