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

6/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Party Self-Determination, Part 1 So far, in analyzing Qatar's Mediation Law, I have provided posts covering: An introduction to the law and my analytical focus here . My interest and expertise in the subject matter here . A cultural disclaimer here . The definition of mediation here , and  The scope of the law here . I will now turn to how the law supports or undermines the core values of mediation recognized in the U.S. and other countries.  Those core values are: Party self-determination Mediator neutrality, and Confidentiality of communications made during the process. For each of these discussions, I will provide one post to describe the analytical framework I am using. In the next post, I'll apply that framework to Qatar's Mediation Law. Lande Analytical Framework for Party Self-Determination In 2006, I wrote the first law review article analyzing the Revised Model Standards of Conduct for Mediators created in c

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