In the first part of this blog, we explored the basic concept of mediation and its advantages as a method of dispute resolution. In this Part, we delve deeper into the mediator appointment process in UAE, focusing on how mediators are selected, the procedures they must follow, and the rights of the parties involved.
Appointment of Mediators
1. Private Mediators
If a Mediation Agreement designates a Private Mediator, the Competent Court will honor this choice when issuing a referral decision. The Mediation and Conciliation Center must notify the appointed Private Mediator within five days of the referral decision. The Private Mediator then has three business days to accept the mediation mission and confirm their neutrality and independence.
Key Points:
- Acceptance and Neutrality: The mediator must sign documents proving their acceptance of the role and impartiality towards the parties and the dispute. They must also inform the Center of any developments affecting their neutrality.
- Fees: The Private Mediator and the parties will agree on the mediator’s fees. If a settlement is reached, the plaintiff may be entitled to a refund of legal fees, as specified by the relevant laws.
2. Mediators from Mediator Lists
If the Mediation Agreement does not specify a Private Mediator or if the designated mediator is unavailable, the Competent Court initiates the mediator appointment process UAE by selecting a mediator from the Mediator Lists. The parties receive notification within five business days and must agree on the mediator’s fees within three business days of receiving the notice.
Key Points:
- Appointment and Disqualification: If a mediator is challenged or unable to continue, the Competent Court will appoint a substitute mediator from the Mediator Lists within five business days.
- Neutrality and Independence: Regardless of how a mediator is appointed, they must adhere to principles of neutrality and independence.
Mediator Recusal, Removal, and Disqualification
Mediators may step down if they feel personal bias or inability to proceed impartially. Both parties can request the Competent Court to remove a mediator under certain conditions:
- Compromised Neutrality: If the mediator’s neutrality is questioned.
- Failure to Perform: If the mediator delays the process or fails to perform adequately.
- Breach of Confidentiality: If the mediator discloses confidential information.
The Competent Court issues final decisions on the removal or recusal of a mediator, and parties cannot challenge them through ordinary means.
Mediation Procedures
1. Notification and Attendance
The mediator is responsible for notifying the parties of mediation sessions. Notifications can be sent through various means, including electronically. Parties must attend the sessions in person or through a legal representative. They may also bring advisors, subject to the mediator’s discretion.
2. Submission of Statements
Before the first meeting, each party must provide the mediator with a summary of their claims and supporting documents. The mediator reviews these documents without sharing them between parties to better understand the dispute.
Each party submits its statements and evidence in advance to help the mediator understand the dispute before the sessions begin.
Whether you choose consensual or court-ordered mediation, understanding how the Competent Court appoints mediators, what roles they play, and what procedures they follow helps you resolve disputes more smoothly.
Conclusion
Understanding the mediator appointment process UAE is essential for anyone considering mediation. Whether you opt for a private mediator or one from official lists, knowing your rights and the procedural steps ensures a smoother, more effective resolution. For expert guidance, consult a trusted Dubai legal consultant.
If you’re considering mediation, consult with a Dubai legal consultant or a reputable law firm in Dubai to guide you through the process and ensure your mediation experience is as practical and fair as possible.