The Red Velvet Lawyer

Israel-Palestine Mediation Circle Nov. 7, 2003  Hosted by Mediator Vikram and Ken Cloke 130 online attendees Video recording here: (12) Israel Palestine #Mediation Circle - launch by Ken Cloke | LinkedIn Ken Cloke’s Opening Comments at 5:50 to 21:00 minutes Ken Cloke’s Biography   “Ken Cloke is a world-recognized mediator, dialogue facilitator, conflict resolution systems designer, teacher, public speaker,  author of numerous books and  articles , and a pioneer and leader in the field of mediation and conflict resolution for the last 37 years. In 1980, [he] became a mediator, and in 1983, created the Center for Dispute Resolution in Santa Monica, CA, where [he has] been a mediator, arbitrator, facilitator, coach, consultant and trainer, specializing in communication, collaborative negotiation, dialogue facilitation, and resolving complex multi-party disputes, including thousands of marital, divorce, family, commun...

13/n An Analysis of UAE's Commercial Mediation Law, Federal Law No. 6 of 2021, the Final Settlement Agreement A successful mediation ends with the parties signing a settlement agreement.  I have discussed the settlement agreement in earlier posts.  I discussed it in the context of party control over the process choices here and  here , in the context of confidentiality  here , and in the context of the referring court's management of the litigated case  here .  I will include those discussions in this post for the ease of the reader.  Article 1  of the UAE Commercial Mediation Law defines the settlement agreement as: "A document created by the mediator , signed by the parties and setting out the settlement details eventually reached by the parties for amicable resolution  of their dispute, in whole or in part.  As discussed below, requiring the mediator to "create" the settlement agreement raises some concern.  Duties of the Mediat...

  12/n An Analysis of UAE's Commercial Mediation Law, Federal Law No. 6 of 2021, Referring Court's Management of the Litigated Case and the Mediation I now want to turn to the court's role throughout the mediation process. Court's Power to Refer Parties to Mediation The UAE Commercial Mediation Law makes clear that courts may refer cases to mediation if the parties have executed an agreement to mediate.   Two sets of judges come in to play depending on which mediation track the parties choose. As I noted in an earlier  post ,  Articles 1, 3, 5, 22, and 23 give the parties the power to enter mediation voluntarily by executing a mediation agreement either before or after a dispute arises.  The agreement can be a separate contract or a condition included in a contract. Under Article 5 , the agreement must be in writing, and it survives the death of any party. Article 5 provides:  "The Competent Court may issue a decision to refer the dispute to mediatio...

  11/n An Analysis of the UAE’s Commercial Mediation Law, Federal Law No. 6 of 2021, Confidentiality in Mediation, Part 2: A Few Unanswered Questions In my last  post , I set out a framework for analyzing statutes or rules governing confidentiality in mediation.  I will use it to analyze the UAE's Commercial Mediation Law.  In addition, in an earlier post , I also analyzed party control over the disclosure of information exchanged during mediation. Articles  10, 14, 15, 16, 17, and 18  of the UAE Commercial Mediation Law govern confidentiality in mediation.  Unfortunately, the law does not give a specific list of the types of communications deemed confidential. Instead, it provides a very general definition of confidential "information" in Article 14. In this post, I will consider: Who is the holder of the privilege who may prevent the disclosure of confidential information? In what subsequent proceedings will confidentiality prevail? What is confident...

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