In the previous sections, we covered the basics of mediator appointment and procedures in mediation. Now, let’s explore what happens during mediation sessions in UAE, the mediator’s powers, and the final steps involved in concluding mediation
Mediation Sessions
1. How Mediation Sessions Work
During mediation sessions, the mediator facilitates discussions between all parties involved. This can include:
- Group Discussions: The mediator brings everyone together to discuss the dispute and try to find common ground. For instance, if two companies are disputing a contract, the mediator might help them understand each other’s perspectives and work towards a solution.
- Private Sessions: The mediator may meet with each party individually to discuss sensitive issues privately. For example, one party might have concerns about revealing certain information to the other side, which they can share confidentially with the mediator.
2. Handling Multiple Parties
If multiple parties are involved and one decides not to participate, mediation can still proceed if approved by the Competent Court. This ensures that mediation isn’t derailed by one party’s absence as long as it doesn’t hinder the resolution process.
Mediator’s Powers
1. Limited Investigation Authority
Mediators don’t have the power to conduct formal investigations. Instead, they rely on the information provided by the parties. For example, if a dispute involves the quality of a product, the mediator cannot inspect the product themselves but can review the evidence and documents submitted by the parties.
2. Access to Documents
Mediators can review documents and evidence presented by the parties without following strict court procedures or normal business hours. They can also engage experts to provide specialized advice if needed, such as a financial expert to assess economic damages in a dispute.
3. Engaging Experts
Mediators can bring in experts from official lists or ones agreed upon by the parties. For instance, in a construction dispute, a mediator might hire an engineering expert to evaluate the technical aspects of the conflict. During mediation sessions in UAE, the mediator decides on the expert’s fees and role, but if there’s a disagreement about these fees, the Competent Court will make the final decision
Ending Court-Ordered Mediation
1. When Mediation Ends
Mediation can be concluded in several ways:
- Settlement Agreement: The parties reach a full or partial agreement.
- Voluntary Termination: The parties agree to end the mediation for any reason.
- Non-Participation: A party decides not to continue, or the mediator finds mediation no longer feasible.
- Absence: A party misses two consecutive sessions without a valid excuse.
- Expiry: The mediation period ends without an extension.
2. Reporting and Document Handling
When mediation ends, the mediator must return all documents to the parties and send a report to the Mediation Center within three business days. This ensures transparency and proper record-keeping.
Objecting to Settlement Agreements
1. Ratification of Agreements
If the parties reach a settlement, the mediator submits a report and the signed agreement to the Mediation Center. The Center then forwards it to the Competent Court for ratification. Once approved, the agreement is legally binding and enforceable.
2. Objecting to Agreements
Objections to a ratified settlement can be raised if:
- Incapacity: A party was incapacitated when signing.
- Invalid Agreement: The agreement is flawed or made after the mediation period.
- Unaware of Procedures: A party was not properly notified or was unaware of the mediation.
3. Finality of Judgment
Objections must be filed within thirty days of the decision. The court’s judgment on these objections is final and cannot be challenged further.
Conclusion
Understanding how mediation sessions in UAE operate, the mediator’s role and powers, and the final steps in mediation helps ensure a smooth resolution process. Whether you’re involved in mediation or considering it as an option, being informed will help you achieve better outcomes.
For further assistance or to explore mediation options, consider consulting a Dubai legal consultant or a reputable law firm in Dubai.