Originally published in Persian on 7 September 2024.
The following is an account of a mediation tradition in Khuzestan. For years, customs among Arab communities there have included rules and rituals observed with a formality comparable to diplomatic protocol.
When a dispute arises, particularly in a killing, Arab sheikhs gather in a guest house known as a mudhif to resolve it. Its entrance opens in the middle: if it opened from one side, the room would have a head, and another dispute might arise over which sheikh should sit there.
Until the dispute is settled, no one eats or drinks. The coffee server waits with the vessel ready until the sheikhs reach an agreement.
When coffee is served, the server first drinks a small cup in front of everyone, showing that it has not been poisoned. The people at the gathering then drink from the same vessel.
Another detail in this account is the selection of a deaf coffee server. Since the server is almost the only ordinary person present, choosing someone who cannot hear is intended to protect the confidentiality of the negotiations. In modern terms, one might compare the purpose to a non-disclosure agreement.
Shaking the coffee cup means that the guest does not want another serving. That gesture continues to be used today.
What this teaches us about law
This story matters because it reminds us that many legal principles and practices existed in communities long before they appeared in written law. A lawyer should not confine their thinking to legislation alone.
It also shows why the culture and customs of the parties matter. To help resolve a dispute, a mediator needs to understand those cultures.
