Mediation is a voluntary process which involves an independent third party (‘the mediator’) who helps the parties reach an amicable settlement in respect of their dispute. Mediations are conducted in private and are, generally speaking, considerably quicker and less expensive than arbitration or litigation.
Providing that the parties agree to participate in the process, mediation is capable of resolving a wide range of different types of dispute including, but not limited to, disputes between employees and employers, consumers and traders, as well as businesses and those they engage.
Unlike arbitration and litigation, mediation is not an adversarial process. Instead, the mediator facilitates discussion and dialogue between the parties with a view to reaching an agreed decision. This has the advantage, in many cases, of preserving the relationship between the parties- something which inevitably cannot be achieved where parties resort to arbitration or litigation.
At the QICDRC, mediations are conducted in accordance with the QICDRC Mediation Rules . Mediations are initiated in one of three ways: (i) by the Qatar International Court or QFC Regulatory Tribunal (with the agreement of the parties), (ii) as a result of a contractual provision to refer the dispute to mediation, or (iii) at the voluntary request of one or more parties to a dispute (with the agreement of the other party/parties). Where parties seek to refer a dispute to mediation, the Registrar will suggest a list of mediators from the specially created QICDRC Panel from which the parties can make a selection. If the parties are unable to agree on a particular mediator, the Registrar will make the appointment.
The appointed mediator has complete flexibility to conduct the mediation in such manner as he or she considers appropriate and most likely to be successful having regard to the nature and circumstances of the dispute.
Ideally, the mediation will result in an amicable settlement agreement which all parties are content with. If settlement cannot be reached, the parties may then consider whether to resort to another form of dispute resolution.
The QICDRC’s purpose built mediation facilities are available for use by parties and mediators. The facilities comprise a large plenary room with modern, easily moveable, furniture so as to allow the layout of the room to be adapted to suit the needs of the parties and the mediator. The room also contains a large presentation monitor and can be equipped with a range of technological and administrative support resources as required. In addition, private break-out rooms are available for the parties and the mediator and, like the large plenary room, contain a wide-screen presentation monitor and can be stocked with portable office equipment as required.