laws

Abu Dhabi Decision No. 39/2023 introduces the Regulation that organizes the work of the Centers of Mediation and Conciliation in Civil and Commercial Disputes. The decision provides definitions for various terms used in the Regulation, such as Emirate, Department, Law, Chairman, Council, Undersecretary, Director, Centre, Court, Judge, Dispute, Mediation, Mediation Agreement, Mediation Condition, Conciliation, Settlement, Reconciliation, Reconciliation Agreement, Electronic System, Conciliator, Private Conciliator, Mediator, and Private Mediator. The Regulation establishes centers of mediation and conciliation in each Court of First Instance and specialized courts in Abu Dhabi. These centers report to the Alternative Dispute Resolution Department. The Regulation grants the centers the authority to specialize in conciliation for civil and commercial disputes with a value not exceeding five million Dirhams. They also have jurisdiction over disputes between spouses or relatives up to the fourth degree, regardless of their value. Lawsuits related to these disputes must be presented to the centers before being filed with the courts. The Regulation outlines the procedures for appointing conciliators and mediators, including their qualifications, age limits, and required interviews, as well as the conditions for holding these positions. It prohibits conciliators and mediators from engaging in certain activities, such as acting as arbitrators or experts in disputes involving the parties they mediated for, revealing confidential information, or representing themselves as conciliators in public forums without permission. The Regulation specifies the cases that fall outside the centers' jurisdiction, including lawsuits requiring the intervention of the Public Prosecution, summary and interim orders, lawsuits involving the government, lease orders, labor lawsuits, civil status lawsuits, disputes previously mediated under federal laws, and lawsuits related to the Civil Family Court. Procedures for registering disputes with the centers are outlined, including the submission of electronic applications and supporting documents. Legal and judicial periods and dates are suspended upon registration until the dispute is resolved at the center. The Regulation also addresses related disputes, parties' rights and obligations, and the use of translators during mediation and conciliation sessions. The Regulation details the reconciliation and settlement procedures, allowing conciliators and mediators to employ various methods to resolve disputes, including inviting third parties and seeking expert opinions. It also allows for remote mediation and conciliation procedures using electronic means. The Regulation emphasizes the confidentiality of mediation and conciliation procedures, with limited exceptions for disclosure. The Regulation establishes the Conciliators and Mediators Affairs Committee, responsible for authorizing government entities and other entities to practice mediation and conciliation work, registering mediators, considering grievances, and addressing violations and complaints. It also establishes a register for conciliators and mediators and outlines the conditions and procedures for registration and renewal. The Regulation imposes disciplinary measures on conciliators, mediators, and authorized mediation entities for violations of the Law, Regulation, and decisions issued pursuant thereto. It also sets administrative penalties and fines for authorized entities and mediators who commit violations, with the possibility of warnings, suspensions, or removal from the register or cancellation of the permit. Overall, Abu Dhabi Decision No. 39/2023 introduces a comprehensive Regulation that governs the work of the Centers of Mediation and Conciliation in Civil and Commercial Disputes in Abu Dhabi. The Regulation establishes the jurisdiction, procedures, qualifications, and disciplinary measures for conciliators and mediators, aiming to promote amicable settlements and streamline the resolution process for civil and commercial disputes.