In recent times there has been an introduction of different ways to solve problems. The legal process in the court is an expensive option therefore, people are moving towards the out-of-court settlement. Problem solving without going to court is quite important in such an economic crunch. The global economic condition of the world after Pandemic has worsened. This has caused the people to move away from court settlement. It has increased its demand. With upcoming times, they are getting more popular. There are many benefits attached to the methods including cost saving and limited use of resources. The experts are called here Arbitrators. The Lawyers in Dubai can be arbitrators as well, if they have licnesed to appear in Arbitration. Apart from this the other dispute resolution is the amicable settlements. Law Firms in Dubai do have the special teams and departments to resolve such issues. Amicable settlements and alternative settlements, is a professional technique.
Moreover, it is beneficial for everyone involved in issues related to business and other civil matters. The UAE is the focal point of economic, commercial, and business activity and thus, this way is highly encouraged.
Dispute Resolution in UAE
- UAE is home to an array of companies, businesses, enterprises, and organizations thus, the utility of Alternative dispute resolution is highly in demand and also in use.
- One of the most commonly used methods is called Settlement Conference. It is more like a meeting where people involved in a dispute, deadlock or disagreement sit together. They try to find a solution by joining heads together.
- Instead of going to trial they prefer to amicably settle their issues via Conference settlement. It can happen before the case goes to the court of law. It also occurs when the court sends the parties to try to settle their differences rather than court intervention.
What is a Settlement Conference
A settlement conference is when two people in a dispute or disagreement come together to talk and discuss their differences. They will sit together and talk about their issues and problems. The objective is to find the best alternative solution but outside the court. Settlement Conference is also called pre-litigation settlement. It is also given the name of an informal settlement conference.
How does it function and the role of a Lawyer
During a settlement conference, each person who is involved in the case comes with their lawyers. The role of a lawyer is critical here who will help the two parties in a meeting with a judge. The presence of a judge is essential in the process.
Besides, there is a presence of a judge. He is the one who listens to what each side has to say and narrates. Following this, both the parties talk to their respective lawyers separately. In some scenarios, the judge might suggest different ways to solve the problem.
They may also offer their ideas and lucrative suggestions to resolve the matter. The document is signed by everyone including the parties, judge, and the respective lawyers.
Parties and attorneys, on both sides, are present in the dispute meeting. Both sides in the dispute along with their legal representatives will be attending the settlement conference.
The presence of a lawyer is crucial. They will offer valuable legal advice and represent their client’s interests during the negotiations.
The judge will be reviewing and overseeing the entire scenario in the settlement conference. The judge is briefed by the parties about the facts, figures, and issues of the dispute.
Nevertheless, the judge will meet separately with the lawyers from each side to understand their arguments and perspectives.
Negotiations will take place after hearing from both sides. The judge will act as a facilitator. He will be facilitating the negotiation process between the involved parties. This may involve the judge presenting offers or counter offers to each party.
Furthermore, they will also suggest potential solutions to the dispute. As a result, it will help the parties find common ground.
Private Discussions are made by the judge. The judge may meet individually with each party to discuss their concerns and preferences in detail. This will allow for more candid discussions and opinions.
Besides, it also allows the parties to express their viewpoints more directly and openly to the judge without any pressure.
Reaching an Agreement is a challenging task to accomplish. In case, if the parties can reach a mutually acceptable solution, the terms of the settlement are documented in writing. The agreement is reviewed by the parties and their attorneys before signatures.
Conference settlement is voluntary and can’t be imposed. Therefore, participation in a settlement conference is voluntary. No party can be forced to agree to a settlement. Henceforth, if the parties cannot reach an agreement, the case may proceed to trial and the court for the resolution.
Advantages of Settlement Conferences:
Settlement conferences are highly time-effective. They offer a quicker resolution compared to court proceedings. The court proceedings are time-consuming and lengthy. It will save a lot of time and resources for all parties involved in the meeting.
Nonetheless, it is highly cost-effective. Avoiding a trial can significantly reduce legal expenses to an extent. In the litigation, there is an involvement of high fees. It includes costs associated with the lawyer’s fee, court fees, and other related costs.
Under the conference settlement, more control can be exercised over the outcome. The involved parties have more power over the result of the dispute during a settlement conference. Both parties can actively participate in the meetings and negotiations as they have more say in the procedure of settlement.
Confidentiality remains intact in Settlement conferences. They are conducted in a private setting and spaces which keeps the discussion under wraps. This allows the parties to discuss sensitive matters in privacy and maintain greater confidence. Moreover, it does not involve the publicity that may accompany the court proceedings.
The drawbacks of Settlement Conferences are the following:
There is a need to reach a compromise on the matter. The parties may need to compromise over certain aspects of their claims, interests, and defenses. This is much needed to reach a solid settlement with some give and take. Besides, it may not fully satisfy the interests, aims, or objectives of any of the parties. The success of it majorly depends upon the skills of negotiation of the parties along with their lawyers.
Nonetheless, without effective and conducive negotiation tactics a favorable outcome is not possible. Further, there is a need to build a solid defense and collect shreds of evidence to support their position. For this, the parties may struggle resulting in a deadlock, and thus, no conclusion can be reached. Lastly, it is not suitable for every case, situation, and scenario. All the disputes, which are of sensitive or complicated nature and involve high legalities may not be appropriate to take. In such cases, the parties may be unwilling to negotiate in good faith.
UAE Commitment and Contribution
Settlement conferences are highly practiced in various forms in the UAE. Such cases are dealt with via the Family Guidance Committee. The committee is dedicated to family-related disputes. There are proper mediation centers that are established by the federal government of UAE.
The centers take up several civil and commercial matters according to the UAE laws and legislation. This mechanism encourages parties to resolve their disputes in an amicable way. It compels individuals to have meetings before resorting to litigation. The government aims to align with international standards and promote alternative dispute-resolution methods in the country.
For example, the Dubai Law of 2009 established the Centre for Amicable Settlement of Disputes. It is made to address civil and commercial disputes in the emirate. On the other hand, the Federal Law of 2016 establishes the mediation centers in Courts of First Instance for similar kinds of purposes. This reflects the UAE’s commitment to and recognition of the benefits of settlement conferences for dispute resolution. UAE thrives to promote efficient and effective resolving disputes thus relieving pressure on the judicial system of the country.
