The Red Velvet Lawyer

9/16 An Analysis of Qatar’s Mediation Law No. 20 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. 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 of the process decisions in which parties or their lawyers could exercise more decision-making authority and, thus, more control: Can the parties choose mediation, and can they

8/16 An Analysis of Qatar’s Mediation Law No. 20 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 Qatar 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 decisions in which parties or their lawyers could exercise mor

7/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Party Self-Determination, Part 2: Substantive Decision-Making In my last post here , I set out a framework for  analyzing  the provisions of the Qatar Mediation Law  impacting party self-determination, high-quality decision making, and the quality of the process. I used a framework developed by Prof. John Lande in his law review article,  How Will Lawyering and Mediation Practices Transform Each Other? , 24 Fla. St. U. L. Rev. 839 (1997), available  here . The Lande Framework Lande identifies seven factors affecting the quality of party decision making: "The factors include: (1) explicit identification of the principal's goals and interests, (2) explicit identification of plausible options for satisfying these interests, (3) the principal's explicit selection of options for evaluation, (4) careful consideration of these options, (5) mediators' restraint in pressuring principals to accept particular substantive o

5/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Its Scope Two sets of provisions set out the scope of Qatar's Mediation Law. Implementing Provisions Law No. 20 of 2021 On Issuing the Mediation Law in Settlement of Civil and Commercial Disputes consists of four Articles adopting the new law under the Emir's signature.   Article 1 states: The provisions of the Mediation Law shall be adopted in settling civil and commercial disputes, which [law] is attached to this Law. Article 2 states: "The provisions of the attached law shall apply to the lawsuits and disputes the adjudication of which fall within the jurisdiction of the civil and commercial departments of the Court of First Instance, and the lawsuits and disputes which fall within the jurisdiction of the Investment and Trade Court." Article 3 ensures no gaps in procedures by saying that: "The provisions of the . . .  Civil and Commercial Procedures Law [CCPL] shall apply to the issues for which there i

4/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, The Definition of Mediation Qatar's new mediation law defines "Mediation" as: "An amicable means of settling disputes, by mutual agreement between the parties, or by a court order." Admittedly, I am working off an unofficial translation, but oh, boy.   Sample Definitions of Mediation Before I discuss this definition, I'd like to share some definitions I use in my law school courses in the class introducing mediation to them:  “Mediation is simply a negotiation conducted with the assistance of a third party….[T]he mediator has no decision-making power, maintains strict confidentiality and involves the clients deeply in the settlement process.” HAROLD ABRAMSON, MEDIATION REPRESENTATION (2004) at 67-68. “Mediation is an extension or elaboration of the negotiating process that involves the intervention of an acceptable third-party who has limited or no authoritative decision-making power. This person a

3/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Cultural Disclaimer As I launch into the analysis of Qatar's new mediation law, I am mindful that my perspective is deeply embedded in a Western, common-law perspective, and further embedded in the "core values" of mediation as spelled out in U.S. state statutes, rules, and ethics codes, as well as model acts developed by national organizations of U.S. mediators. What is Culture? Culture is the cumulative result of experience, values, religion, beliefs, attitudes, meanings, knowledge, social organizations, procedures, timing, roles, spatial relations, concepts of the universe and material objects and possessions acquired or created by groups of people, in the course of generations, through individual and group effort and interactions. Culture manifests itself in patterns of language, behavior and activities and provides models and norms for acceptable day-to-day interactions and styles of communication. Culture ena

2/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, My Interest and Expertise in the Subject Matter Before I launch into an analysis of the Qatari mediation law, I want to explain why I am taking on this project.   When I moved to Qatar in 2015, I already had 16 years of experience in the mediation field as a law professor, scholar, professional trainer, mediation ethicist, and practitioner.  I had seized the highest opportunities to serve within the Commonwealth of Virginia, U.S.A., as noted below.  But, my law school offered decreasing resources for faculty travel, conference fees, and scholarship, making it difficult for me to leverage that experience and reputation to a national level that might have led to leadership positions in the  Dispute Resolution Section of the American Bar Association.  So, I thought a move to Qatar would give me an opportunity to scale up my mediation practice to an international level.  Sadly, it never happened. I left Qatar in 2021, only a few mon