ArbDB Chambers Member, Wolf Von Kumberg, Participates In The General Mediation Counsel Roundtable At The Abu Dhabi Global Market (ADGM)

Wolf, himself a former General Counsel and now Mediator and Arbitrator, participated in this General Counsel Roundtable on 14 January 2019.

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The objective was to explore the opportunities for and barriers to the expansion of the use of mediation in Abu Dhabi and the Gulf Co-operation Council (GCC) Region more generally.

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Here is a summary of the discussion and conclusions;

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  *   Mediation is not well known in Abu Dhabi.

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  *   There is a tradition of mediation in the region based on a trusted person in the community helping to resolve a dispute.

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  *   The Western concept of mediation may have to be adapted to the local culture. In particular, there is a desire not to be confrontational.

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  *   A key obstacle is lack of knowledge of what is meant by mediation, which will require education.

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  *   Trust will have to be established in the process and in the mediator, for mediation to become widely accepted.

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  *   The term mediation in Arabic is more akin to broker, so there is a need to differentiate terms.

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  *   Bodies like ADGM are trying to promote mediation but an infrastructure with qualified mediators  has to be put in place.