Opening Statement
Mediation Procedures in Disputes with Entities Affiliated with the Government of Dubai
Dear Customer,
The Government of Dubai Legal Affairs Department (the “Department") extends its welcome.
With reference to your complaint against one or more Government of Dubai entities, the Department, in an effort to settle the complaint amicably, would like to advise you through this opening statement, of key principles and basic information, as well as the most notable advantages, which apply to amicable settlement procedures (the “Mediation Procedures") between you and the Government entity/entities, which are managed and supervised by the Department. These principles are based on international standards in mediation and can be summarized as follows:
(1) Principles of Mediation Procedures
1- Mediation is voluntary: Mediation is based on the voluntary participation of the parties to the dispute. The Department cannot compel either party to proceed with the mediation procedures. You, as a complainant, have the right to request that the mediation procedures are brought to an end, once the legally prescribed period for mediation has elapsed, being two months from the date of submission of the complaint (that meets the requirements for acceptance), and to proceed to litigation or arbitration instead.
2- Mediation is consensual: Mediation is based on the mutual agreement of the parties to the dispute throughout all stages leading to settlement. The Department does not issue a final decision in the dispute, nor oblige either party, whether a respondent Government Entity or the complainant, to accept a specific solution.
3- Independence, impartiality, and integrity: The mediation procedures are conducted through committees of qualified mediators, formed within the Department, for the amicable settlement of disputes. These committees carry this out with full independence, impartiality and integrity.
4- Seeking specialized technical expertise: Some disputes may require specific technical expertise, and so the parties to the dispute may, under the supervision of the Department, agree to appoint an independent, neutral expert to assist them with such technical issues to help facilitate an amicable settlement.
(2) Key Advantages of Mediation Procedures
1- Saving expenses: The Department conducts the mediation procedures free of charge, which can therefore save on litigation or arbitration costs, as well as legal fees.
2- Saving time and effort: Depending on how cooperative and accommodating the parties in order to avoid conflict and legal proceedings, mediation procedures take less time compared to the judicial and arbitral bodies when considering disputes, taking into account the different levels of litigation through appeal, until a final ruling is rendered.
3- Exploring and finding countless solutions: Mediation procedures provide the opportunity to reach solutions that the judicial and arbitral bodies may not provide, such as apologies or entering into new agreements. This requires that the parties understand their interests and needs instead of firmly sticking to their positions and overinflating unrealistic requests.
4- Participation in suggesting, formulating and making decisions: Rather than the dispute being resolved by decision or ruling of a third party (a judicial or arbitral body), which usually involves one party to the dispute losing all or some of its claims, both parties to a mediation can suggest solutions for the dispute, and you have the right to accept any suggestion that you deem appropriate to resolve the dispute, depending on your interests and needs.
5- Maintaining amicable relations: Mediation procedures help avoid escalation of the conflict between the parties. Mediators make it easier for the parties to reach amicable settlement of their dispute in such a manner that maintains a minimum level of good relations between them, if not enhancing them.
The Department anticipates your positive participation in the mediation procedures. To this end, the Department appreciates your understanding of and adherence to the above principles, and your compliance with the procedures set out in the Government Claims Law No. (3) of 1996, which reinforce the Department's efforts to amicably settle any dispute between you and a Government entity in particular, while enhancing the role of alternative means of dispute resolution to litigation in general.