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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