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6 Ct. Uncourt 38 (2019)
Commercial Mediation in the UAE and the Laws concerning Mediation

handle is hein.journals/counco6 and id is 90 raw text is: THE LAWS CONCERNING MEDIATION Meaning ediation is a form of Alternative Dispute Resolution system (ADR) wherein the matter at issue is solved with the help of a mediator without recourse to the court of law. It is a voluntary process where a decision relating to the dispute is not imposed upon the concerned parties. Hence, a settle- ment shall be binding on the parties only as long as they agree to it. There may be instances when mediation is referred to by the court of law; however, even under such circumstances, it is always up to the decision of the parties to conclude. Therefore, the control over the medi- ation always lies between the parties to the dispute. It is a party centered negotiation process; wherein, a neutral third party is involved to provide assistance in resolving the dispute amicably by using special tech- niques in negotiation. Since the parties' concern is primary in this form of dispute resolution, they may withdraw from the been proceeding at any stage until a settlement has reached. Mediation as a method of dispute resolution has an edge over the other form due to its degree of flexibility. David Spencer and Michael C Brogan in their 'Mediation Law and Practice' explain the history of mediation as the following: M dp oediation as a of dispute resolut-on ivulvin rore than the partYs, has bee n around since the beg;n- would have negt ate in u rudimcentary wxay regrdung their basic neds and deres, it us subrn ted tha there convince- a third party to wanft to assst 1n th resolution of o ispute between others. The adoption of mediation as a mode of dispute resolu- tion is not only applicable to a personal matter. It may also be used to reconcile a dispute amicably which arises in the course of a business or a transaction. The European Judicial System defines mediation as the following: independenr person assists rhe parties in facilitan the dscussion betwvecn the par tes in c rder to help Therefore, from the above explanation, it is clear that mediation as a method of dispute resolution may apply to various forms of law such as civil, personal, or labour. However, this article will analyze the concept of commercial mediation in the UAE and the issues concerning it. Commercial Mediation Commercial mediation is a type of negotiation where a dispute relating to commerce is settled between parties with the assistance of a neutral third-party. The party providing assistance should be unbiased and shall facilitate the negotiation process to arrive at an unanimous decision. Such a method of dispute resolution is adopted by the parties engaged in commercial industries since it helps in the reduction of both the wastage of time and money, which may occur in litigation. 38 Court

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