The Red Velvet Lawyer

16/16 An Analysis of Qatar’s Mediation Law No. 20 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 sufficient information for decisionmaking.” But, ...

15/16 An Analysis of Qatar’s Mediation Law No. 20 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 appears in the agreement to media...

13/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Referring Court's Management of the Litigated Case I now want to turn to the court's role throughout the mediation process. Court's power to refer parties to mediation The Qatar Mediation Law makes clear that courts may refer cases to mediation if the parties have executed an agreement to mediate.  Article 15 states: "In the lawsuit considered before it, the court may ask the parties to settle the dispute through mediation, within a period specified by it."  This clause suggest the court will invite the parties to enforce an existing agreement to mediate or to enter a new agreement to mediate.  Article 16 states: "The court may, during the consideration of the lawsuit, before setting a date to render a judgement therein, and at any stage of the litigation, decide, based on the agreement of the parties, to stop considering the lawsuit and refer the dispute to be settled through mediation." As I no...

12/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Confidentiality in Mediation, Part 2: Many 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 Qatar Mediation Law.   Articles 23, 24, 30, 31, and 32 of the Qatar Mediation Law govern confidentiality in mediation. 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 confidential? What is exempted from confidentiality? Who can enforce confidentiality? Against whom can confidentiality be enforced? How absolute should the grant of confidentiality be? What is the penalty for wrongful disclosure?          Who holds the privilege? Article 1 defines "Parties" as: "The parties to the dispute who have agreed to settle it by mediation, whether natural or legal persons w...

11/16 An Analysis of Qatar’s Mediation Law No. 20 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...

10/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Mediator Impartiality : Using the Firestone Grid as an Analytical Tool Mediator impartiality, one of the core values of mediation, gets little specific attention in the Qatar Mediation Law. Instead , the Qatar Mediation law mentions impartiality or independence in very general  terms. This oversight will require Qatari leaders in the mediation field to supplement the law with rules and a code of ethics that defines mediator impartiality in a clear and culturally sensitive way.  Article 7 governing the register of mediators may  contemplate  this approach when it provides that the Council will " define[e] the conditions, controls, and procedures of [mediator] registration."  Conduct that makes a party believe that the mediator has lost his or her impartiality is the most frequently cited reason for filing a complaint against a mediator in the U.S. states of Virginia and Maine. It appears as the second m...