The Red Velvet Lawyer

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

1/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Introduction On October 18, 2021, The Emir of the State of Qatar, Tamim bin Hamad Al Thani, issued a mediation law ushering in the era of modern mediation in Qatar.    This law provides an important part of the “infrastructure” needed to expand the use of high-quality mediation services in the region.      Law No. 20 of 2021 has two parts: “On issuing the Mediation Law in Settlement of Civil and Commercial Disputes” (Article Nos. 1 to 4) and, “Mediation Law in Settlement of Civil and Commercial Disputes” (Article Nos. 1 to 33).  A copy of an unofficial English-language version of the law is available here .  An Arabic version of the law is available at www.almeezan.qa the legal portal for Qatari laws.   Over the next several weeks, I will analyze the law and assess its strengths and weaknesses.   I will focus first on: my expertise in analyzing mediation laws here , and providing a cultural disclaimer here . Next, I'll cover

For the story about this honor and a brief history of the ADR section, see here .

Call for Papers Dear colleagues, Qatar University Press has asked me to move forward with a proposed book that addresses the legal consequences and solutions arising from the blockade imposed on Qatar by its neighboring countries.   The working title of the book is: “The Arab Gulf Conflict: Legal Consequences and Solutions.” It is my pleasure to invite you to contribute a chapter to the book.  Please email me at pyoung@qu.edu.qa for background information about the blockade. Topics I expect to discuss in the book include: A Dispute Resolution Analysis of the Causes of the Dispute. Arab Conflict Resolution Strategies. 2103 and 2014 Riyadh Agreements. Thirteen Demands and Six Principles. Do Gulf Countries have the Unilateral Legal Right to Impose Sanctions on Qatar? Legal Concepts of National Sovereignty Laws Governing Military Conflict. Laws Governing Efforts to Force a Change in a Country’s Leadership. Qatar’s Air Transport Rights under Internationa

More Modern Arbitration Laws for the Arab Gulf GAR reports that the United Arab Emirates has issued its long-awaited self-standing arbitration law, based on the UNCITRAL Model Law.  The Arabic version of the the law is found  here .  In this post, I am reproducing the GAR story with a few edits. His Highness Sheikh Khalifa Bin Zayed Al Nahyan, the president of the UAE, issued Federal Law No. 6 of 2018 yesterday, after it was approved by his cabinet of ministers in February. It repeals and replaces the previous UAE arbitration law, contained within a chapter of the UAE Civil Procedures Law No. 11 of 1992. The new law will apply to all arbitral proceedings, including both domestic and international proceedings.  Its 61 articles include: articulation of the principles of separability and competence-competence;  power for arbitral tribunals and courts to order interim and conservatory measures relating to ongoing or potential arbitrations, with no waiver of the right to

Using ADR to Compensate Victims of Environmental Catastrophes In my Environmental Dispute Resolution course, I devote one class to a discussion of the claims facilities used in the 9/11 terrorist attacks and the BP Gulf Coast oil spill disaster.  The facilities attempted to handle the inevitable claims arising from these traumatic events in an organized way that allowed expeditious handling of the claims outside of litigation.  Both adopted a form of arbitration.   If well designed, these facilities could also enhance procedural justice for claimants --  voice, careful consideration of the facts by the neutral, impartiality by the neutral, and respectful and dignified treatment of claimants. Updating the Story An  article  in The New York Times today updates the status of the Gulf Coast claims facility.     The Times describes the spill this way: The oil rig fire and the nearly unstoppable fountain of oil that followed at the Macondo Prospec

Trust: Breach and Repair The Nature of Trust Three elements contribute to the level of trust one has for another: The individual’s chronic disposition towards trusting others; Situational parameters; and The history of their relationship.   Two general categories of trust exist: Calculus-based trust : Grounded in the fear of punishment for violating trust and in the rewards to be derived from preserving it. Identification-based trust :   Based on the identification with the other person’s desires, goals, and intentions.   It exists because the parties can effectively understand and appreciate one another’s wants.   Rebuilding Trust : Re-establishing trust, once breached, is very difficult.    “In conflict, trust is broken, cruel words are spoken, friendships dissolve, love turns to hate, and hate into revenge.”  “Trust is rebuilt not by focusing on what the other person did or did not do, but on improving one’s own behaviors, increasing one’s trustwort

Understanding and Solving Complex Environmental Issues This Cold Morning Schools and offices closed as the temperatures dipped to lows not seen in decades. Experts explained what was happening here and here .  A deep dip in the jet stream allowed the frigid cold and winds of the North Pole to descend far south.   This morning, my little micro-climate in the central Appalachian Mountains registered a temperature of nearly six degrees below zero.  My home town of St. Louis, inundated with a large snow fall and even colder temperatures, is reportedly "closed" today.  The entire city. As I write this post, I am bundled in a fleece robe, long underwear, yoga pants, a hat, and my pink, fluffy, finger-less gloves.  I've got a lap blanket wrapped around my legs and mid-section, but I'm about to crawl inside my down sleeping bag so I can continue to work at the computer comfortably. Boo Boo, my littlest dog, is wearing two layers of dog clothes and has cur

The August 2013 issue of preLaw: A National Jurist Publication features the Appalachian School of Law in its article entitled: "Small and Personable." The article focuses on 12 law schools -- located in Virginia, West Virginia and eastern Tennessee -- that offer small class sizes and a personal touch. The discussion of ASL notes that its founders decided to place the law school in the heart of central Appalachia so it could serve the region in many ways. It quotes our fabulous Dean, Lucy McGough, saying: We are committed to and take great pride in our "Cheers Effect."  Here at ASL, everybody not only knows your name, but also is invested in your success in law school, in passing the bar, and in ensuring your professional career.  It notes ASL's focus on experiential learning leading to practice-ready skills.  It recognizes our nationally known externship program . It also describes our upper level focus on dispute resolution , our bar exam prep cou

The Appalachian School of Law is the first, and so far, the only law school founded with a focus on Alternative Dispute Resolution (ADR). ASL’s dispute resolution curriculum is unique in several ways. Students get advanced training in negotiation mediation, arbitration, early neutral evaluation, group facilitation, consensus building, and dispute resolution system design. 2L Dispute Resolution  Survey Course First, only nineteen law schools, including ASL, require all their students to take an ADR survey class. The curriculum reflects the realities of lawyering in an era of the so-called  “ Vanishing Trial ."     The course provides students with basic interest-based negotiation skills. It also introduces them to the role of advocate in several ADR processes, especially mediation.    Research shows that ASL students who take only the required survey course have more training in ADR than most practicing attorneys. This training creates more employment oppo