The Red Velvet Lawyer

  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...

  8/n An Analysis of UAE’s Commercial Mediation Law, Federal  Law  No. 6 of 2021, Party Self-Determination, Part 4: Mediator Influence, Process Design, and  Party  Control Over the Process In my last post  here , I discussed a framework, developed by  Prof. Leonard Riskin , for considering issues of party self-determination and the extent of mediator influence in the process design and process choices.  In two earlier posts  here  and  here , I considered party self-determination over substantive issues arising in the mediation, as well as high-quality decision-making about the outcome in the context of the UAE Commercial Mediation Law, a copy of which is available here . As I noted in my earlier post, m any steps in the mediation process invite input from the parties or their lawyers.  But, the program design or the interventions of a mediator can undermine that procedural self-determination. The following list provides some o...

  7/n An Analysis of UAE's Commercial Mediation Law, Federal Law No. 6 of 2021, Party Self-Determination, Part 3: Mediator Influence, Process Design, and Process Choices Party self-determination in mediation has both substantive and procedural aspects.  In my last  post , I discussed how the Qatar Mediation Law potentially impacted the parties' substantive self-determination and high-quality decision-making about the outcome. Procedural Self-determination and Party Control of the Process In this post, I look at party self-determination over the process design and process choices during the mediation.  To structure this discussion, I first describe another framework for analyzing the UAE Commercial Mediation Law.   Many steps in the mediation process invite input from the parties or their lawyers.  But, the program design or the interventions of a mediator can undermine that procedural self-determination. The following list provides some of the process ...