12th Al Jazeera Forum: Session 4 - Changing Alliances in the Region

1/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Introduction

On October 18, 2021, The Emir of the State of Qatar, Tamim bin Hamad Al Thani, issued a mediation law ushering in the era of modern mediation in Qatar.  This law provides an important part of the “infrastructure” needed to expand the use of high-quality mediation services in the region.  

 

Law No. 20 of 2021 has two parts: “On issuing the Mediation Law in Settlement of Civil and Commercial Disputes” (Article Nos. 1 to 4) and, “Mediation Law in Settlement of Civil and Commercial Disputes” (Article Nos. 1 to 33). 

A copy of an unofficial English-language version of the law is available here. An Arabic version of the law is available at www.almeezan.qa the legal portal for Qatari laws.

 

Over the next several weeks, I will analyze the law and assess its strengths and weaknesses.

 

I will focus first on:

• my expertise in analyzing mediation laws here, and
• providing a cultural disclaimer here.

Next, I'll cover the following topics:

• the definition of mediation found in Article 1 and how it compares to other descriptions of the process here, and 
• the scope of the law and the types of disputes subject to its provisions here.

Then, I will analyze how the law supports or undermines the core values of mediation

• Party self-determination in Part 1, Part 2, Part 3, and Part 4,
• Mediator impartiality here, and
• Confidentiality of communications made during the process in Part 1 and Part 2.

Finally, I consider:

• the court's management of the litigated case here,
• the final settlement agreement here,
• the mediator's fees and expenses here, and
• Mediator misconduct here.

These posts also explore the following topics:

• The mediation agreement
• Judicial referral powers
• Timing of the process
• Tolling of litigation procedures during mediation
• Selection of mediators
• Withdrawal, recusal, or dismissal of the mediator
• Opting out of the process
• Joint and caucus sessions, and
• Use of fact experts and legal evaluators.

I want to thank Wolf von Kumberg, President of Global Resolution Resources LLC, http://www.globalresolutionservices.com/, for providing me an unofficial English-language version of the law.  

 

If you would like a copy of either version of the law, please send me a message or a connection request through LinkedIn at www.linkedin.com/in/paulamarieyoung.