The Red Velvet Lawyer

  11/n An Analysis of the UAE’s Commercial Mediation Law, Federal Law No. 6 of 2021, Confidentiality in Mediation, Part 2: A Few Unanswered Questions In my last  post , I set out a framework for analyzing statutes or rules governing confidentiality in mediation.  I will use it to analyze the UAE's Commercial Mediation Law.  In addition, in an earlier post , I also analyzed party control over the disclosure of information exchanged during mediation. Articles  10, 14, 15, 16, 17, and 18  of the UAE Commercial Mediation Law govern confidentiality in mediation.  Unfortunately, the law does not give a specific list of the types of communications deemed confidential. Instead, it provides a very general definition of confidential "information" in Article 14. In this post, I will consider: Who is the holder of the privilege who may prevent the disclosure of confidential information? In what subsequent proceedings will confidentiality prevail? What is confident...

10/n An Analysis of UAE's Commercial Mediation Law, Federal Law No. 6 of 2021, Confidentiality in Mediation, Part 1: The  Analytical  Framework In an earlier  post , analyzing party control over process choices, I talked about confidentiality in mediation.  I said:  This topic has confounded many organizations trying to set guidelines for confidentiality in mediation. In 2001, the National Conference on Uniform State Laws in the U.S. produced the Uniform Mediation Act after many drafting sessions occurring over several years. A large part of the draft law applies to confidentiality. After a lapse of 22 years, only twelve states have adopted it. Instead, other states rely on their own laws governing mediator confidentiality. Similarly, various iterations of rules governing confidentiality exist all over the world.  Accordingly, to create some structure to the analysis, I am providing this discussion covering: What are the breakdowns in the process tha...