Тим Эллиотт
Welcome to Lawgical, the UAE’s first and still the only regular legal podcast. My name is Tim Elliott, and as always, here with us is our expert, the Managing Partner of the Dubai-based legal firm Yamalova & Plewka, Ludmila Yamalova. Nice to see you again.
Людмила Ямалова
Good to see you too, Tim. Always great to be chatting with you.
Тим Эллиотт
In Lawgical and forthcoming episodes, we’re taking a slightly different approach—a more quick-fire question-and-answer format to tackle legal issues. Let us know what you think of these changes. This time, it’s everything you need to know about the UAE mediation law.
Ludmila, let’s start with the basics: what is mediation in legal terms?
Людмила Ямалова
Mediation in legal terms is a form of alternative dispute resolution (ADR). It’s essentially an alternative to court proceedings. Mediation is less litigious, typically more efficient, and focuses on amicable solutions.
Тим Эллиотт
Why is mediation important? What makes it relevant in today’s legal landscape?
Людмила Ямалова
When properly conducted, mediation can be incredibly effective. It’s less contentious than court proceedings and often faster. Mediations are conducted by specialized mediators who are experts in the field related to the dispute. This expertise ensures that the resolution process is targeted and efficient. For instance, mediation is especially beneficial in fields like intellectual property disputes, where specialized knowledge can help resolve issues more effectively.
Тим Эллиотт
What types of cases are typically referred to mediation?
Людмила Ямалова
All types of civil and commercial cases can be referred to mediation. Additionally, personal status cases, such as disputes related to divorce settlement agreements or child custody, can also now be referred to mediation. This allows even sensitive and personal matters to benefit from a less adversarial process.
Тим Эллиотт
So, how does one decide whether to mediate? Is mediation always an option?
Людмила Ямалова
Mediation is typically conducted when there’s an agreement between the parties to mediate or when a court mandates it. Agreements to mediate can be made in advance as part of a contract or during the course of a dispute. Even in the middle of litigation, parties can decide to pause and attempt mediation.
Тим Эллиотт
What’s the UAE’s stance on mediation? Are there specific laws governing the process?
Людмила Ямалова
Yes, the UAE introduced its first formal mediation law in 2021 with Federal Law No. 6 of 2021, titled “Law on Mediation for Settlement of Civil and Commercial Disputes.” In Dubai, we also have Dubai Law No. 18 of 2021, known as the “Dubai Mediation Center Law,” regulating conciliation activities. Additionally, just this year in October 2023, the Dubai International Arbitration Center (DIAC) introduced its own mediation rules.
Тим Эллиотт
Let’s break down the types of mediation. What’s the difference between judicial and non-judicial mediation?
Людмила Ямалова
Judicial mediation occurs during court proceedings. It is initiated either by the court’s decision or at the request of the parties. The court supervises the mediation process, and any settlement can be formalized into an enforceable agreement.
Non-judicial mediation happens outside of court. It can occur before a dispute escalates to litigation or as an alternative to judicial mediation. It’s often conducted through mediation centers or independently appointed mediators.
Тим Эллиотт
What are mediation centers, and how do they function in the UAE?
Людмила Ямалова
Mediation centers provide a structured forum to conduct and formalize mediation agreements. These centers are licensed and regulated, ensuring mediators meet certain standards. Examples include the DIAC Mediation Center in Dubai, the Amicable Settlement of Disputes Center in Dubai, and the ADGM Arbitration Center in Abu Dhabi.
Тим Эллиотт
Who can serve as a mediator, and what qualifications are required?
Людмила Ямалова
Mediators can be natural or juristic persons appointed by the parties or chosen from a registry maintained by mediation centers. Mediators may include retired judges, registered lawyers, or industry experts with specific qualifications. They must adhere to a code of conduct issued by the Ministry of Justice.
Тим Эллиотт
What does a mediation agreement typically include?
Людмила Ямалова
A mediation agreement outlines the subject of the dispute, the qualifications of the mediator, the method of mediator appointment, the language of the proceedings, and any other conditions agreed upon by the parties.
Тим Эллиотт
What’s the expected duration of mediation proceedings?
Людмила Ямалова
Mediation proceedings are limited to three months from the mediator’s appointment. This can be extended once, for an additional three months, with approval.
Тим Эллиотт
And what’s the outcome of successful mediation?
Людмила Ямалова
The outcome is typically a settlement agreement, which is an enforceable legal instrument. This allows parties to skip lengthy court processes and proceed directly to enforcement if any terms are breached.
Тим Эллиотт
What about the costs? Is mediation an affordable alternative?
Людмила Ямалова
Yes, mediation is generally more cost-effective than litigation. Special mediators can charge fees up to 5% of the claim amount. Fees for mediators from registered centers are determined by the center and must be paid upfront.
Тим Эллиотт
You’ve practiced law in the UAE for over 15 years. What’s been your experience with mediation?
Людмила Ямалова
We’ve successfully mediated numerous cases, including divorce disputes, employment issues, partnership conflicts, and real estate matters. Mediation empowers parties to resolve disputes amicably and focus on practical solutions rather than contentious litigation.
Тим Эллиотт
To wrap up, what’s your summary of mediation’s benefits?
Людмила Ямалова
Mediation offers non-contentious, affordable, efficient, and expert-led resolutions. It also provides enforceable agreements, making it a valuable tool for resolving disputes.
Тим Эллиотт
That’s another edition of Lawgical, covering the UAE’s mediation law. Thank you, Ludmila, for your expertise and insights.
Людмила Ямалова
Thank you, Tim. Always a pleasure.
Тим Эллиотт
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