The procedure which encourages parties to focus on positive aspects of their argument rather than legal aspect is termed as Mediation. It basically helps in determining more than a few issues except some of them. Usage of mediation has increased a lot in past few years and impression of mediation is now common law as well as civil law authority of the UAE. To keep away from the consequences of proceeding on the way to legal solution with the assistance of business family lawyer in Dubai one should think about solution through Mediation.
Role of Mediator
Mediator should be neutral and must not have association with any parties to restrict the chances of any interest in settlement. Mediator will occupy you a role of facilitator to assemble discussions among the parties and to put the choices on the table which were not considered before. Mediator cannot provide the final judgment or conclusion of mediation.
Sources of Mediation:-
- Compulsory mediation
- The DIFC Court is responsible to encourage the stakeholders in order to resolve their disputed matters as per 1 as well as RDC27.2
- Dubai Courts: such courts are ready to claim of 50,000 or less which is related to own property and claims where any bank is measured party and must be referred to the Dubai Centre.
- Employment cases: in this scenario, lawyers deals with cases that are related to the Labor under the ministry of Labor.
- Federal Court Mediation Committees
- Mediation committees
- Voluntary mediation
Dubai Land Department: The Dubai Land Department established an investor developer mediation committee toward the end of 2010 including six members to assist parties to determine their property disputes.
Objectives of Mediation Process
- Despite of having strong case or facts one should keep in mind the consequences related to legal proceedings. Mediation will be helpful to avoid the wastage of time, your costs despite of wining cases, impact on business when colleagues to prepare for attending any court/tribunal hearings.
- To avoid the spoiling of relationship between the parties due to legal dispute.
- This process has high success rate. Instant dealing, relatively economical, as compare to litigation. Parties can call for mediation at any stage of dispute. It is indeed a flexible process.
When is Mediation unfavorable?
Mediation is not likely to get success unless both parties have positive intention toward ending the dispute. On the other hand, some circumstances which are not encouraging for mediation are as below:-
1) When a decision is required due to no clarity from law is observed.
2) While individual party is fragile on authorized grounds.
If party trusts that his case has justify, when in reality it doesn’t, the family lawyer in UAE must have the capacity to manage this and deal with his customer’s requirement adequately. In reality party believe that they have case on strong legal grounds but in reality they don’t have a strong case.