ADJD discusses alternative litigation measures

The Abu Dhabi Judicial Department (ADJD) organised a virtual workshop entitled “Alternative Litigation Means – Mediation and Conciliation”, in light of Federal Law No. 5 of 2021 amending certain provisions of Law No. 17 of 2016 on the Establishment of Mediation and Conciliation Centres in Civil and Commercial Disputes.

The workshop was held with the aim of enriching the discussion on the philosophy underlying the recent legislative amendments, and their role in promoting mediation and conciliation as one of the most important alternatives to litigation.

The organisation of this workshop is part of the efforts made by the Judicial Department to improve the efficiency of procedural and objective justice in the application of reconciliation, and to ensure the quality of amicable settlement of civil and commercial disputes, in line with the directives of H.H. Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Presidential Affairs and Chairman of the Abu Dhabi Judicial Department, to enhance the performance of the judicial system and to keep abreast of legislative and legal developments at all levels.

The workshop, which was held via videoconference and attended by a number of members of the judiciary, officers of the court from conciliation centres, case management and preparation offices, addressed the role and competencies of the centres and the court competent to hear conciliation cases, and reviewed the effects on these competencies and the limitations that must be respected.

The virtual workshop also discussed the standardisation of processes related to the conclusion of conciliation, the powers of the conciliator and the extent to which the latter is allowed to express his/her opinion and to evaluate the documents and evidence produced by the parties, as well as to derive the judicial principles allowing for the convergence of views.

The workshop also debated the process of digital transformation and the investigation of available possibilities to manage all processes remotely, the procedures for proving agreements, the extent of agreement making and how to implement the same, with a focus on the working mechanism of mediation and conciliation centres, especially the newly established ones, such as the Abu Dhabi Real Estate Dispute Resolution Centre and its role in setting up an integrated system to end such disputes amicably, in a manner that supports the efforts to improve the Emirate’s competitive position.