The Red Velvet Lawyer

  Two Aspirational Words for 2024 Almost every year, for a decade, I've chosen a word for the year representing my overall aspiration.  I did miss a couple of years, including 2021 and 2022.  I think my transition to retirement interrupted my usual year-end planning process. But, I'm ready to declare my aspirational word for 2024.  Actually, I've picked two words.  Christine Kane, the entrepreneurial coach I used for three years, suggested the use of one word.  Her selection tool is no longer available, it seems.  But, she discusses the concept here .  Chris Brogan chooses three words for each year.  Here are his selections for 2023.  He uses them to positively guide his actions in the coming year.  Should he commit to this project?  Does it align with his three words?  The words should inspire action.   He lists seven rules for picking the words.  And, he encourages you to review them daily. I am picking t...

  16/16 An Analysis of UAE's Commercial Mediation Law, Federal Law No. 6 of 2021, Miscellaneous Provisions In this last post, I'll cover a couple of miscellaneous provisions that I have not discussed in earlier posts.  Private Mediation Centers Article 25 of the UAE Commercial Mediation Law allows the creation of a private mediation center or branches of foreign mediation centers according to the requirements of the Ministry of Justice and in coordination with local judicial authorities. These regulators will designate the operating conditions, licensing requirements and the licensing authorities, and registration of the mediators within the centers.  Repeal of Inconsistent Laws Article 28  makes clear that any provisions of other laws that contradict the UAE Commercial Mediation Law shall be repealed.  Also, this reminder:  The 2021 law has now been replaced by Federal Decree-Law No. 40/2023 On Mediation and Conciliation in Civil and Commercial Disputes, ...

  15/n An Analysis of UAE's Commercial Mediation Law, Federal Law No. 6 of 2021, Mediator Misconduct Background I n 2006, I published a book-length article analyzing grievances filed against  mediators  in five U.S. states with robust complaint systems.    See Paula M. Young, Take it or Leave it. Lump it or Grieve it: Designing Mediator Complaint Systems that Protect Mediators, Unhappy Parties, Attorneys, Courts, the Process, and the Field , 21 Ohio St. J. Disp. Resol. 721 (2006), available  here .  The following background discussion is taken from that article.  I have not included the numerous citations. In the article, I noted that studies show that sixty-five to eighty-two percent of parties to family mediation viewed their mediators as “warm, sympathetic, and sensitive to feelings.” They found them “helpful in standing up for their rights in disagreements with spouses; staying focused on the important issues; and having clear and suffici...

  14/n An Analysis of UAE's Commercial Mediation Law, Federal Law No. 6 of 2021, the Mediator's Fees and Expenses Background Mediators can charge by the hour, the half day, the whole day, or a flat fee for the entire mediation. Most ethics codes in the U.S. discourage a contingency fee based on the settlement value because it can compromise the mediator's impartiality towards and independence from the outcome of the mediation.  I wrote about this risk  here .  In some cases, usually family law cases, the spouse with greater financial resources may agree to pay the entire fee.  In that case, the mediator must take care that he or she does not show partiality towards the fee-paying spouse.  Mediation rosters, whether court-connected or created by private third-party providers (like AAA, JAMS, and IMI), will often list the mediator's fee schedule.  In any event, the mediator and the parties will negotiate the fee.  That fee agreement typically appea...

Israel-Palestine Mediation Circle Nov. 7, 2003  Hosted by Mediator Vikram and Ken Cloke 130 online attendees Video recording here: (12) Israel Palestine #Mediation Circle - launch by Ken Cloke | LinkedIn Ken Cloke’s Opening Comments at 5:50 to 21:00 minutes Ken Cloke’s Biography   “Ken Cloke is a world-recognized mediator, dialogue facilitator, conflict resolution systems designer, teacher, public speaker,  author of numerous books and  articles , and a pioneer and leader in the field of mediation and conflict resolution for the last 37 years. In 1980, [he] became a mediator, and in 1983, created the Center for Dispute Resolution in Santa Monica, CA, where [he has] been a mediator, arbitrator, facilitator, coach, consultant and trainer, specializing in communication, collaborative negotiation, dialogue facilitation, and resolving complex multi-party disputes, including thousands of marital, divorce, family, commun...

13/n An Analysis of UAE's Commercial Mediation Law, Federal Law No. 6 of 2021, the Final Settlement Agreement A successful mediation ends with the parties signing a settlement agreement.  I have discussed the settlement agreement in earlier posts.  I discussed it in the context of party control over the process choices here and  here , in the context of confidentiality  here , and in the context of the referring court's management of the litigated case  here .  I will include those discussions in this post for the ease of the reader.  Article 1  of the UAE Commercial Mediation Law defines the settlement agreement as: "A document created by the mediator , signed by the parties and setting out the settlement details eventually reached by the parties for amicable resolution  of their dispute, in whole or in part.  As discussed below, requiring the mediator to "create" the settlement agreement raises some concern.  Duties of the Mediat...

  12/n An Analysis of UAE's Commercial Mediation Law, Federal Law No. 6 of 2021, Referring Court's Management of the Litigated Case and the Mediation I now want to turn to the court's role throughout the mediation process. Court's Power to Refer Parties to Mediation The UAE Commercial Mediation Law makes clear that courts may refer cases to mediation if the parties have executed an agreement to mediate.   Two sets of judges come in to play depending on which mediation track the parties choose. As I noted in an earlier  post ,  Articles 1, 3, 5, 22, and 23 give the parties the power to enter mediation voluntarily by executing a mediation agreement either before or after a dispute arises.  The agreement can be a separate contract or a condition included in a contract. Under Article 5 , the agreement must be in writing, and it survives the death of any party. Article 5 provides:  "The Competent Court may issue a decision to refer the dispute to mediatio...