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.