The Red Velvet Lawyer

  4/n An Analysis of UAE’s Commercial Mediation Law, Federal Law No. 6 of 2021, Its Scope As one law firm explains :   Formal mediation options for commercial disputes have . . . existed for some time in the UAE. Both the  Abu Dhabi  and  Dubai  chambers of commerce offer mediation services to members, the Centre for Amicable Resolution of Disputes in Dubai provides compulsory mediation services for smaller claims and optional mediation for larger ones (Dubai Law No. 16 of 2009, as amended by Administrative Resolution No. 1 of 2017 and Administrative Resolution No. (51) of 2020), and mediation is available under rules applicable in the  Dubai International Financial Centre Court  and  Abu Dhabi Global Market Court . The UAE [Commercial] Mediation Law [No. 6 of 2021] is landmark legislation. It creates a comprehensive regulatory structure for mediation throughout the UAE for the first time, ensuring that a consistent framework applies in all emirates. UAE Federal Law No. 26 of 1999, on

  3/n An Analysis of UAE’s Commercial Mediation Law, Federal Law No. 6 of 2021, The Definition of Mediation UAE's new mediation law defines "Mediation" in  Article 1 as: "An optional and alternative method for amicable settlement of civil and commercial disputes that arise or might arise between the parties to a contractual or non-contractual legal relationship, through engaging a neutral Third Party [Mediator].  Mediation may be a judicial or extrajudicial nature." Ok, this definition is somewhat better than the definition of mediation found in the Qatari mediation law, discussed here .  First, what are the two terms used in the last clause? "Judicial mediation: A form of mediation sought by the parties to have their dispute resolved after having first resorted to litigation, and at any stage of the case."   My guess?  This term will become frequently used when later provisions discuss court management of the dispute while it enters, proceeds through,

  2/n An Analysis of UAE’s Federal Law No. 6 of 2021, Mediation of Civil and Commercial Disputes: Introduction and Table of Contents Introduction Over the past four years, several countries in the Arab Gulf have created laws supporting commercial mediation in the region.  I summarized those laws for a conference in May 2023, and my slides are available here .   My plan is to analyze these laws over the next several months. Beginning in March 2023, I started analyzing the new commercial mediation law in Qatar available here .  The first of 16 posts , with a table of contents,  appears here .  The series offers more than a paraphrasing of the law.  Instead, it provides context and critique of the law.   Admittedly, I am analyzing the laws in the Gulf through my own experience as a leader in the mediation field of the United States.  At the same time, I am mindful of the cultural lens I am using and its limits when applied in an Arab Gulf context.  In any event, I hope my analysis foste

  1/n An Analysis of UAE’s Fed Law No. 6 of 2021, Mediation of Civil and Commercial Disputes: The Role of New Laws I've been reading a law review article that updates and expands on the "vanishing trial" in courts of the United States. In the U.S., the number of civil trials has dropped precipitously.  From 1947 to 1985, the typical federal judge tried 1.7 civil cases per month.  In 2015, that number had dropped to about 0.4 civil trials a month.  The author asserts that U.S. courts are in the fourth era of civil procedure, with the last era beginning in 1976 with the Pound Conference.  That conference ushered in the modern alternative dispute resolution (ADR) movement. He explains: It makes sense that a broad-based ADR movement found traction only after [the chief judge of the United States Supreme Court] and the courts generally offered their imprimatur. States have a monopoly on the legitimate use of coercive force. In the context of dispute resolution, governments alo

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, eighteen to thirty-five

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 mediate or a separate fee a

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

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 the process that lead to a desire to breach mediation confident