Judicial and non-judicial mediation to resolve commercial disputes

Dr. Mahmoud Mokhtar Abdelmogith

Abstract

Mediation is as an optional and alternative means for amicable settlement of civil and commercial disputes that have arisen or that may arise between the parties to a legal relationship, whether contractual or non-contractual, and assisted by a neutral third party (the mediator), whether that mediation is judicial or non-judicial. Mediation is based on the parties’ agreement to resort to it to resolve their commercial dispute. There is no compulsory mediation in UAE law, even if its basis is the issuance of a judgment from the court examining the dispute.