𝑮𝒓𝒐𝒘𝒊𝒏𝒈 𝑨𝒄𝒄𝒆𝒑𝒕𝒂𝒏𝒄𝒆 𝒐𝒇 𝑴𝒆𝒅𝒊𝒂𝒕𝒊𝒐𝒏:
Mediation in the UAE is gaining traction, with the government actively promoting its use as a dispute resolution mechanism. The Centre for Amicable Settlement of Disputes in Dubai, established under UAE Law Number 16 of 2009, is a significant step towards encouraging mediation. This center deals with the amicable settlement of civil and commercial matters, excluding certain categories of cases and those involving government bodies.
𝑫𝑰𝑭𝑪 𝑪𝒐𝒖𝒓𝒕𝒔 𝒂𝒏𝒅 𝑴𝒆𝒅𝒊𝒂𝒕𝒊𝒐𝒏:
The Dubai International Financial Centre (DIFC) Courts also promote mediation, encouraging parties to consider alternative dispute resolution methods. While emphasizing its primary role as a forum for deciding civil and commercial cases, the DIFC Court encourages parties to explore justice by reconciliation, including mediation and conciliation.
𝑹𝑰𝑪𝑺 𝑼𝑨𝑬 𝑴𝒆𝒅𝒊𝒂𝒕𝒊𝒐𝒏 𝑷𝒂𝒏𝒆𝒍:
The RICS UAE Mediation Panel has been actively promoting mediation services in the UAE, demonstrating growth in demand for mediation in the region.
𝑰𝒎𝒑𝒂𝒄𝒕 𝒐𝒇 𝑺𝒊𝒏𝒈𝒂𝒑𝒐𝒓𝒆 𝑪𝒐𝒏𝒗𝒆𝒏𝒕𝒊𝒐𝒏:
The UAE’s recent accession to the Singapore Convention on Mediation is a significant step forward. As a signatory, the UAE has committed to enforcing international settlement agreements resulting from mediation, providing a framework for their recognition and enforcement. This development is expected to boost confidence in mediation, encourage its adoption, and establish the UAE as a hub for international commercial mediation.
𝑻𝒉𝒆 𝑾𝒂𝒚 𝑭𝒐𝒓𝒘𝒂𝒓𝒅:
To make mediation a robust dispute resolution mechanism, the UAE’s courts and legislative framework should align with international best practices. This could involve implementing regulations to support the enforcement of settlement agreements, increasing confidence in mediation as a viable alternative to litigation.
𝑪𝒐𝒏𝒄𝒍𝒖𝒔𝒊𝒐𝒏:
In conclusion, the UAE has made significant progress in promoting mediation. The country’s accession to the Singapore Convention is a major milestone, providing a framework for enforcing international settlement agreements. To fully harness the potential of mediation, the UAE should continue to develop its legislative framework and judicial procedures to support the enforcement of settlement agreements. By doing so, the UAE can solidify its position as a hub for international trade and commerce, and mediation can become a more effective and widely accepted dispute resolution mechanism.
#MediationInUAE #SingaporeConvention #AlternativeDisputeResolution #DIFC #Dubai
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