Arbitration and mediation are widely accepted as other methods of resolving a conflict in the recent years. Due to their merits, particularly those of Civil Law in UAE, they have extensive preference over litigation. The UAE promotes these methods as a business hub since they save time and offer an outcome where both parties win. The firm encourages arbitration, and mediation as means of resolving civil and commercial disputes promptly.

What is a Settlement Conference in Civil Law in UAE

Case Settlement Conference : The hearing where the disputing parties meet to come up with a mutual agreement instead of moving forward for trial. When parties are able to resolve a conflict without the court, they may opt for an alternative dispute resolution known as settlement conference where they come and discuss their issues together with hammering out similarities which makes them agree on one common solution. This is also referred to as a pre-litigation settlement, and it occurs at an informal dispute resolution conference or round table.

These conferences can take place on a voluntary basis, requested by either party or be compulsory where the court refers all parties to conference prior proceeding onto trial. Such conferences typically take place in a civil case in UAE, such as breach of contact or divorce cases where settlements are required by law; however they may occur on the victim’s option also in criminal proceedings. A settlement conference can also take place in a civil case in Dubai, providing a platform for resolving disputes efficiently.

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How a Settlement Conference Works

The settlement conference simply involves the judge with both parties along with their attorneys. Initially, parties inform the judge of their version of events. Next, the judge confers with each side’s attorneys to listen their arguments. Thereafter, the judge meets with each party separately to make offers or counteroffers. The judge may also make recommendations for the parties to agree on a compromise. After the parties whittle down a solution, it is documented and reviewed before everyone signs on.

The parties cannot be coerced into a settlement. The case then goes to trial if they cannot come up with a resolution between each other. It is quite common in civil law in UAE as well as Dubai civil Law.

Benefits of Settling Disputes through a Settlement Conference in Civil Law in UAE

Settlement Conference- Any other Alternative for an early dispute resolution, this leads to settle the disputes within stipulated time period and both the parties receives a mutually acceptable result. They can save the trouble of going to court and even losing in a trial. In litigation, both consequences are costly and unwanted. Thus, a settlement conference causes the parties to think hard on these considerations before determining whether or not they want to go through with trial versus settling beforehand. Now it is important that no further harm is inflicted on the contending matters and cadres, especially with regard to civil case punishment in UAE.

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Drawbacks of a Settlement Conference

Like other alternate dispute resolution methods, a settlement conference prevents you from achieving a clear victory and asserting all your claims. It inherently requires parties to find common ground, thereby imposing certain limitations. Unlike litigation, where judgments can decisively favor one party, alternate dispute resolution encourages compromise to reach a mutually acceptable outcome. The success of a settlement conference heavily relies on the negotiation skills of your lawyer, which can pose risks if your evidence is weak. Additionally, not all cases are suitable for settlement through a conference. This consideration is particularly relevant in civil law in UAE, where the nature of disputes and legal outcomes can vary significantly.

Is Settlement Conference Used in the UAE?

A settlement conference is an example of this, where the Family Matters are addressed before they hit court. The Family guidance Committee is a kind of such process and seeks to help families in finding solutions for their problems at that level itself. Currently, Article 16 of the Personal Status Code (2005) order is for such parties to attend one meeting at two different [Family orientation] Committee unless there are reasons that would prevent reconciliation.

Another example is the Centre for Amicable Settlement of Disputes in Dubai, created by Law No. 16 of 2009. Cases within the purview of Article 6 shall first be referred to and resolved by the Centre before such case or dispute may be brought in court. This framework has a significant position in the civil law of UAE where alternative dispute resolution mechanism are held important specifically so with family and more importantly, to keep things civilized.

Federal Law No. 17 of 2016 establishes mediation centers in Courts of First Instance. These centers handle civil and commercial disputes not exceeding a valuation of AED 500,000, and parties can refer their disputes to these centers themselves.

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Conclusion 

To summarize this, settlement conferences provide an important channel for expedient resolution of disputes but their effectiveness is dependent on the nature and if the parties can honestly engage in constructive dialogue. The wider take-up of these kinds of alternatives to the usual court process also helps facilitate fast-track redress and inject a less adversarial, more cost-effective option as part of the UAE’s civil law regime. Khairallah Law Firm understands the significance of such mechanisms in civil and commercial disputes where timeliness is key as well for a more favorable settlement.

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