The Council of Ministers is studying its working mechanisms and conditions for licensing it

A draft law authorizing the establishment of "special centers" for settling civil and commercial disputes

"Al-Watani" approved a new federal bill authorizing the establishment of special centers for mediation and settlement of civil and commercial disputes within the country.

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Finally, a new draft federal law approved by the Federal National Council authorized the establishment of special centers for mediation and settlement of civil and commercial disputes within the country, or the licensing of branches of foreign centers for mediation and settlement of civil disputes, explaining that the Council of Ministers is the authority entrusted with issuing a decision defining the mechanisms and system of work of these centers and the conditions Licensing it and its issuing authority, and registering intermediaries with it according to the circumstances, based on a proposal from the Minister of Justice, and after coordination with the local judicial authorities.

In detail, the draft federal law in the matter of mediation for the settlement of civil and commercial disputes, which was finally approved by the Federal National Council, defined “mediation” as “an optional and alternative means for amicable settlement of civil and commercial disputes arising between parties to a legal relationship (contractual or non-contractual) and they seek the help of a third party. Neutral (the mediator), whether that mediation is judicial or non-judicial ».

According to the draft law, it is permissible to establish special centers for mediation or to authorize branches of foreign mediation centers, provided that a decision is issued by the Council of Ministers specifying the mechanisms and work system of the centers, the conditions for their licensing and the point of issuance, and the registration of intermediaries in them according to the circumstances, based on a proposal from the Minister of Justice, and after coordination with Local judicial authorities. The draft law regulated the mechanism and rules for the work of private mediation centers, as it permitted them to conduct “mediation” in disputes in which reconciliation could be made, in a manner that does not contradict the legislation in force or the public order and public morals in the country, taking into account the local laws that regulate the provisions of mediation, as it permits them The possibility of mediation dealing with the subject of the dispute in whole or in part, stressing that the mediation procedures are considered confidential, and it is not permissible to invoke them or the documents and information presented or concessions by the parties before any court or any party whatsoever.The draft law created the possibility of "remote mediation", whereby the mediator was authorized to hold mediation meetings using electronic means and telecommunications in accordance with the controls and procedures issued by a decision by the minister or head of the local judicial authority, as the case may be. It also organizes the "non-judicial" mediation procedures, by submitting a request by the parties to the dispute on a form prepared for that to the supervising judge, accompanied by the mediation agreement and any documents related to the subject of the dispute, provided that the request includes the desire of one or all of the parties to resort to mediation, with an undertaking The mediation is requested to attend the sessions scheduled to be held and to provide the appointed mediator with the necessary information and documents about the referred dispute.The request also includes clarifying the issue of mediation, and appointing a private mediator according to the mediation agreement, as the mediator may be among those registered in the lists of mediators, in addition to specifying an agreed time period for mediation (not exceeding three months from the date of the mediator accepting his mission), and the period is renewable for a period Similar and only one time according to a decision of the supervising judge based on an agreement concluded by the parties.

Permissions for "moderator"

The draft law affirmed that despite the fact that the mediator does not have the authority to investigate, it is permissible for him (in agreement with all parties and for the purposes of mediation) to listen to others, subject to his consent, and the mediator, in order to perform his work, has the right to view papers, documents, records and all evidence and accept any evidence It is submitted to him by the parties unless it is a violation of public order or morals without being bound by the laws of civil procedures, attorneys and evidences and their amendments referred to, and without being bound by the official working hours, and the mediator can also seek the assistance of experts registered in the list of experts of the Ministry or local judicial authorities, as the case may be, or who are agreed upon by the litigants In the settlement of disputes presented to him to provide technical and technical expertise, and finally the mediator determines the fees of the expert and the works required of him to perform and express his opinion on them.

4 prohibitions on the "broker"

The draft law prohibits the center, the mediator, the parties, and every participant in the mediation, from disclosing any information raised during the mediation procedures except with the consent of the parties, or in the event that it relates to a crime, and it is also prohibited for the mediator to accept the agency in a dispute against any of the parties on the subject of the dispute subject to mediation even if After the completion of the mediation procedures, as well as for the mediator to testify against one of the disputing parties in the same subject matter of the dispute subject to mediation, or what is branching out from it even after the completion of the mediation procedures, unless the person concerned authorizes him or the parties agree otherwise, unless the testimony is related to a crime, and finally To play the role of mediator in a dispute in which one of the parties is a spouse or a relative with lineage or intermarriage up to the fourth degree.

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