Ateer Al-Ahmari, a Saudi conflict resolution specialist, successfully mediated a nearly $10 million dispute between two friends, preventing legal action. Through three meetings on the government’s “Taradhi” platform, she facilitated a reconciliation agreement, restoring their friendship. The conflict arose over unsettled business debts, but Al-Ahmari’s efforts led to a mutually acceptable solution. The “Taradhi” platform, part of the Ministry of Justice, promotes amicable resolutions to disputes, allowing parties to meet with mediators to reach agreements efficiently.

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صحيفة الوطن البحرينية/شابة سعودية تنهي نزاعاً بين صديقين حول 10 ملايين دولار بدلاً من اللجوء للقضاء #السعودية (nabdapp.com)

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In recent years, mediation and conciliation have increasingly been utilized in the UAE to resolve civil and commercial disputes. Parties can choose to engage in mediation voluntarily, or it may be mandated by the Court. For certain types of disputes, the law requires parties to attempt conciliation before initiating a lawsuit. The procedures and rules for mediation and conciliation in civil and commercial matters are governed by Federal Decree Law No. 40 of 2023.

In 2022, the UAE introduced a significant update to its criminal justice system with the enactment of Federal Decree Law No. 38 of 2022, Criminal Procedures Law (CPL).This new legislation brought a notable shift by incorporating reconciliation, mediation, and settlement methods for criminal cases (Articles 348-382). This change promotes alternative approaches to conflict resolution, encouraging more amicable solutions within the criminal justice system.

A key development from the CPL is the empowerment of the Public Prosecution to initiate mediation through a third-party mediator before a case is referred to the Criminal Court. This process, applicable in cases where reconciliation or withdrawal is possible, is voluntary and requires the consent of all parties involved. The Public Prosecution decides whether to pursue mediation based on the case's facts and circumstances, focusing on whether mediation can offer appropriate compensation to the victim or mitigate the crime's impact.

In July 2024, a Decision No. 341 of 2024 was issued by the UAE Minister of Justice to further regulate the role of mediators in criminal cases (Decision). This decision outlines the role of mediators in facilitating disputes between victims and accused individuals under the supervision of the Public Prosecution. The Decision introduce several key elements:

Mediator Qualifications: Article 3 of the Decision specifies initial conditions for mediators to qualify or register. In addition, mediators must complete initial training and participate in regular refresher courses to maintain their skills and ensure compliance with legal standards(Article 6). However, experienced mediators are selected from certain categories based on a decision by the Minister of Justice (Article 4).

Enforcement and Compliance: If a mediator fails to meet their obligations, the competent authority is empowered to take necessary actions against them (Article 10). Additionally, if a mediator loses any of the specified qualifications, their registration may be cancelled (Article 9).Decisions made by the competent unit at the Ministry of Justice can be appealed to the Assistant Undersecretary of the Ministry, as stated in Article 11.

Mediator’s fees: The mediator's fees will be determined in the mediation agreement, considering specific criteria and factors outlined in Article 12. This article also includes a table with fee estimates that vary depending on the type of crime subject of the mediation.

The Decision marks a significant step forward in enhancing the efficiency of the judicial system, promoting justice in a more amicable and tolerant manner. It aims to ensure that mediators are well-qualified and adhere to high professional standards, thereby fostering effective and just resolution of criminal disputes.

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As part of the Riyadh International Disputes Week, a panel discussion on disputes resolution tools in investment disputes took place on the 7th of March 2024 at Crown Plaza Riyadh.

The Panel constituted of a diverse number of distinguished international experts and mediation enthusiasts: Bryan Clark, Faris Algarni, Tat Lim, Sherif Elnegahy, Sophie Tkemaladze, Ahmed Hamdan and Eleni Charalambidou.

The panel discussion highlighted how mediation can be an effective tool to address various investment disputes especially in KSA and the Arab world in general.

The audience questions and comments were brilliant.

The Saudi Ministry of Investment have graciously sponsored the panel.

To facilitate the access and efficiency of mediation, the Ministry of Justice has launched Wasata, an electronic platform for provision of mediation services. The name of the platform is a transliteration of the Arabic term that means “mediation”.  

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The eMediation platform connects users with qualified mediators, registered with the Ministry of Justice, who can conduct proceedings in either Arabic or English.  The platform offers a comprehensive set of services, including mediator's registration, renewal and delisting, along with procedures for both, non-judicial and judicial mediation.  

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The platform also manages mediator-related tasks, requests and sessions, facilitates the payment of mediation expenses and mediator's fees, and helps in the preparation of the final mediation report. The aim of the platform is to expedite the resolution of disputes, while reducing the burden on the courts' systems.  

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According to the Ministry of Justice, the use of alternative dispute resolution (ADR) methods for civil and commercial disputes resulted in a settlement rate of 61.3 per cent in 2022.  

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For more information about the platform, please visit: eMediation platform

Ajman Chamber of Commerce and Industry (ACCI) offers commercial mediation services to business owners in the UAE, aiming to resolve disputes amicably and efficiently. The service is provided by an elite group of experts and legal advisors who assist the parties in reaching a settlement agreement. 

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According to Aisha Al Nuaimi, Director of the Legal Affairs Department at ACCI, the chamber received 84 mediation cases in 2023, of which 93% were completed. Al Nuaimi said that the chamber is keen to spread legal awareness among business owners and society members through organizing specialized legal seminars on various topics, such as corporate tax, labor relations, trademarks, and artificial intelligence. 

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To request a mediation/conciliation service, the parties need to submit a copy of the conciliation agreement or the disputed contract, a statement of claim, any other documents related to the case, a copy of the identity document, and a power of attorney, if any. The service fees include a non-refundable conciliation request fee of AED 500, administrative fees of 3% of the disputed amount, and conciliators' fees that are determined by the center committee according to the type of dispute. 

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The mediation service is one of the main services of the Ajman Center for Commercial Conciliation and Arbitration Committee of ACCI. The center also offers arbitration services. The center has more than 20 experts and arbitrators who provide flexible and neutral mechanisms for resolving and settling disputes. 

Commercial disputes can be costly, time-consuming, and damaging to business relationships. That is why Dubai Chamber offers mediation services to its members and non-members who wish to resolve their disputes amicably and confidentially. Mediation is one of the effective methods to resolve commercial disputes amicably provided that at least one of the disputing parties is a member of Dubai Chambers. 

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Mediation is a voluntary and flexible process that involves a neutral third party, the mediator, who facilitates the communication and negotiation between the disputing parties and helps them reach a mutually acceptable settlement. 

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The benefits of mediation are manifold. Mediation can save time, money, and reputation, as it can avoid lengthy and expensive legal proceedings. Mediation can also preserve or restore business relationships, as it can foster cooperation and understanding between the parties. Mediation can also enhance customer satisfaction, as it can demonstrate the commitment and professionalism of the parties to resolve their issues constructively. 

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To access the mediation services by Dubai Chamber, the parties need to follow a simple and straightforward procedure. They need to contact Dubai Chamber through the available channels, complete the application form and attach the supporting documents, such as invoices, contracts, or bills of lading. They also need to sign the terms and conditions and pay the fees, which are based on a percentage of the dispute amount and vary depending on the membership status of the parties. Dubai Chamber will then review the application and contact the parties to arrange a suitable mediation session. Dubai Chambers will assist the parties to reach a settlement within 10 days of submitting the required documents and paying the fees. 

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If the parties reach a settlement, they will sign a settlement agreement, which will be legally binding and enforceable. If the parties do not reach a settlement, they will retain their rights to pursue other legal remedies. 

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Mediation services by Dubai Chamber are a valuable option for businesses that want to resolve their commercial disputes in a quick and cost-effective way, while maintaining their business relationships and reputation. Dubai Chamber encourages its members and non-members to consider mediation as a first step to resolve their disputes, before resorting to other more adversarial and costly methods.

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Link to the service page: https://www.dubaichamber.com/en/service/mediation/ 

Al Tamimi & Company launched an insightful guide compiled by expert lawyers from the firm in various jurisdictions including Bahrain, Egypt, Iraq, Jordan, Kuwait, Morocco, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.

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The guide helps navigating the legal framework for mediation in each of the above-mentioned jurisdictions.

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Link to the full guide: https://turtl.tamimi.com/story/mediation-guide-to-mena/page/1 

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Following the launch of "Mediation in the Metaverse", the ADGM Arbitration Centre has launched ODR@ADGM, a revolutionary online platform that puts the power of settlement in the parties’ hands.

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This digital revolution in dispute resolution promises to transform the traditional, often cumbersome process of dispute resolution into a streamlined, accessible, and user-friendly experience.

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With ODR@ADGM, resolving commercial disputes has become a matter of convenience, and cost-effectiveness, achievable from any corner of the globe at any time, while maintaining control of the process from the initial offer to the final agreement, confidentiality, and security. 

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Here's how it works:

• Parties can submit a dispute via the platform.
• They are guided through a series of questions.
• These questions result in the tailoring of a settlement offer to the other party.
• An invitation is sent to the other party to join the platform for negotiation.
• Once both parties are registered, online negotiation begins.
• Negotiation features flexible deadlines based on the parties' needs and requirements.
• If an offer is accepted, a template settlement agreement is available on the platform.
• Alternatively, parties can create their own settlement agreement with the help of legal representatives.

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So, it's time to replace the gavel with a mouse click. 

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Stay tuned for more information on accessing the platform in the first quarter of 2024.

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For more detailed information, visit the official announcement on ADGM's website: ADGM Launches Online Dispute Resolution Platform.

The Dubai International Arbitration Centre (DIAC) has issued its new Mediation Rules 2023, which came into effect on 1 October 2023. The rules are designed to provide an effective, efficient, and amicable method of resolving disputes through the assistance of a neutral mediator. 

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The rules apply to any dispute that the parties have agreed to refer to mediation before DIAC, whether there is a pre-existing agreement to mediate or not. The rules also apply regardless of the date of the agreement to mediate, as long as the mediation commences after the date of the rules' entry into force. The parties may, however, modify the provisions of the rules by mutual agreement, subject to the approval of the mediator and the spirit of the rules. 

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The rules aim to ensure that all mediations are conducted fairly, impartially, efficiently, and proportionately, taking into account the complexity and value of the dispute and the parties' interests. The mediator, the parties, and their representatives are required to act in good faith and in accordance with this objective throughout the mediation process. 

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The rules provide a clear and simple procedure for the commencement of mediation, the appointment of the mediator, the conduct of the mediation, and the conclusion of the mediation. The rules also address important issues such as the costs of mediation, the confidentiality of the mediation, the functions of the centre and the arbitration court, and the exclusion of liability of the mediator and the centre. 

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The rules reflect the best practices and international standards of mediation, such as the UNCITRAL Model Law on International Commercial Mediation and Conciliation particularly in relation to respecting the parties’ autonomy, and protecting the confidentiality of the mediation process and the inadmissibility of evidence from mediation in other proceedings. 

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The rules also take into account the specific needs and expectations of the parties doing business in or through the Middle East, Africa, and South Asia region. 

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The rules are available in both English and Arabic, and the centre offers a range of recommended clauses for parties who wish to opt for mediation and/or arbitration under the auspices of DIAC. The centre also provides other forms of alternative dispute resolution, such as expert determination, adjudication, and hybrid mechanisms, upon request. 

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The rules are expected to enhance the attractiveness and legitimacy of mediation as a viable and beneficial option for commercial dispute resolution in the region and beyond. 

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We invite the legal and business community to familiarize themselves with the rules and to consider using them for their future or existing disputes. 

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Link to the rules: https://www.diac.com/wp-content/uploads/2023/12/DIAC-Administration-Mediation-Rules-Final-Formatted.pdf

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On 28 September 2023, the UAE has issued a new federal law that merges the existing laws on mediation and conciliation in civil and commercial disputes under a single legal framework. The law came into effect on 29 December 2023, it aims to streamline the processes and procedures for resolving disputes amicably, whether before or during legal proceedings.  

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The law provides for the establishment of mediation and conciliation centers within the courts of first instance, or online platforms, to facilitate the settlement of disputes through the intervention of a neutral third party. The law also allows for the creation of private mediation centers and branches of foreign mediation centers in the UAE.  

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The law distinguishes between mediation and conciliation, based on the role and degree of involvement of the neutral third party. In mediation, the mediator acts as a facilitator, helping the parties reach an agreement using mediation techniques; whereas, in conciliation, the conciliator is more interventionist, suggesting possible solutions to the parties for settling the dispute.  

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The law also sets out the criteria and procedures for the accreditation and qualification of mediators and conciliators. Mediators can be selected from the experts registered with the Ministry of Justice or the local judicial authority, or from professional mediators, including retired judges and lawyers. The Federal Judiciary or the president of the local judicial authority will establish the qualifications for appointment of conciliators. The law imposes specific restrictions and obligations on mediators and conciliators with regard to conflict of interest, confidentiality, and disciplinary measures.  

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The law regulates both contractual and judicial mediation, as well as mandatory and voluntary conciliation. Contractual mediation can be initiated by the parties through a written agreement before or after the dispute arises, and the supervisory judge of the mediation and conciliation center will oversee the process and affirm the settlement agreement. Judicial mediation can be referred by the competent court at any stage of the legal proceedings, upon the court's proposal or the parties' request or consent.  Mandatory conciliation is a prerequisite for certain types of disputes, such as those with a value not exceeding AED 5,000,000 or those involving family members, before litigation can proceed. Voluntary conciliation can be initiated by the parties or by court referral, subject to the parties' mutual consent.  

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The law also preserves some key principles that were upheld in the previous legal framework, such as the suspension of limitation periods, the possibility of seeking interim measures, and the concept of 'without prejudice communications' during the mediation and conciliation process. The law aims to enhance the efficiency and effectiveness of mediation and conciliation as alternative dispute resolution methods, and to foster trust and satisfaction among the users and the legal community.