In recognition of the growing role played by mediation in resolving disputes in the GCC region, Al Tamimi & Co has established its own team of trained mediation specialists to provide advice to clients on the process, to assist as counsel in mediations and to sit as mediators of commercial disputes across the region.
The striking success rate of mediation is well-known. For example, in its 2016 survey in the UK, the Centre for Effective Dispute Resolution (“CEDR”) found that this was 86%. The average amount of time spent by each mediator was just 18.6 hours.
The Government of Dubai is actively engaged in supporting the use of mediation to resolve disputes, as is exemplified by the opening in 2016 of the Mediation Centre.
Our approach is that the mediation process should be considered as an option for the resolution of any dispute between two or more parties. The earlier the mediation can take place, the greater will be the saving in terms of costs both of time and legal fees and the best chance will be provided to maintain a good relationship between the parties.
The mediation process is organised by the parties. The mediator is usually selected by agreement between the parties. The parties decide what information to share with the mediator and with each other. The mediator will not act a judge, so will not provide a view of the merits. Instead, the mediator will facilitate the negotiations between the parties. In doing so, he will follow a process which typically involves five stages, preparation, opening, exploration, bargaining and closing.
Members of our team of mediators are fully trained and accredited by leading mediation institutions. They are available to act as mediators in a broad range of commercial and corporate disputes, including shareholder disputes, property disputes, construction and engineering disputes, financial services, commodities and insurance. We offer mediation services conducted in Arabic as well as in English.
If you have a dispute that you wish to resolve and you are considering mediation, we will act as your legal advisers and as counsel and guide you through the whole process.
To start with, we will advise you on what the mediation process involves and how best to prepare for it. We will then review with you the issues in dispute and your interests and will assist with analysis of the various risks associated with the dispute, including your Best and Worst Alternatives to a Negotiated Settlement.
We will then help to arrange the mediation, assist in choosing an appropriate mediator, assist in the preparation of information for the mediator, attend the mediation meeting and support you with the negotiations throughout the day, following which we will draft any terms of settlement that are agreed.
It is very important that those who attend the mediation meeting have authorisation to settle from their company on the day. If an individual is tasked with the role of representing his company in a mediation and he is concerned about the scope of his authority to settle, we will work with the company before the meeting and encourage the creation of clear guidelines for the negotiator to work within.