The Red Velvet Lawyer

  9/n An Analysis of UAE's Commercial Mediation Law No. 6 of 2021, Mediator Impartiality : Using the Firestone Grid as an Analytical Tool Mediator impartiality is one of the core values of mediation. My research revealed that conduct that makes a party believe that the mediator has lost his or her impartiality is the most frequently cited reason for filing a complaint against a mediator in the U.S. states of Virginia and Maine. It appears as the second most frequently raised allegation in Florida, Georgia, and Minnesota. Parties easily perceive bias in the mediator's conduct or attitudes and it can result in disengagement with the process, a failed mediation, and ongoing impasse in the dispute. Introduction Mediator neutrality (or impartiality) gets attention in several articles of the UAE Commercial the Mediation Law . Article 6 of the law provides: The [privately appointed] mediator shall sign a document proving his acceptance of the mediation mission as well as his neutr...

  8/n An Analysis of UAE’s Commercial Mediation Law, Federal  Law  No. 6 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 in the context of the UAE Commercial Mediation Law, a copy of which is available here . 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 o...

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