The Red Velvet Lawyer

  6/n An Analysis of UAE's Commercial Mediation Law, Federal Law No. 6 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 UAE Commercial 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 pressur...

  5/n An Analysis of the UAE's Commercial Mediation Law, Federal Law No. 6 of 2021, Party Self-Determination, Part 1 So far, in analyzing the UAE's Commercial Mediation Law, I have provided posts covering: An introduction to the law and my analytical focus  here  and 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 or more posts to describe the analytical framework I am using. In the next posts, I'll apply that framework to the UAE's Commercial Mediation Law. Lande Analytical Framework for Party Self-Determ...

  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 ...

  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...

  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, gover...

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, ...