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Enforceability of international and local mediation (UAE) - Assignment Example

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Enforceability of international and local mediation outcome may face difficulties in UAE and many other countries. Discuss the enforceability of mediation outcome and provide recommendations to overcome such difficulties. (Introduction) Overview of Mediation Processes in UAE Like most other countries, the United Arabs Emirates is a country that believes in the fundamental provisions of international and local mediation and as such uses it extensively in most corporate, national and legal cases…
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Enforceability of international and local mediation (UAE)
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Download file to see previous pages 23). Since its inception, there are records of several organizations and institutions that have used mediation processes to settle what would otherwise have been long running legal litigation and battle. In some cases, mediation has come in as settle options for cross border cases involving the United Arab Emirates and other countries. As far back as 1971, the United Arab Emirates underwent a successful mediation process to settle what would have been a long running international litigation with Oman and this move highly praised by the United States and other international bodies (Condliffe, 2002, p. 233). This means that mediation takes several dimensions and come in as resolution option for different forms of litigations in the United Arab Emirates. However, there have been instances where the mediation processes have not been continued to its logical conclusions. This is because mediation outcomes are not enforced, resulting in the need to resort to the courts. This paper therefore discusses enforceability of mediation outcome and provides recommendations to overcome the problems associated with lack of compliance. ...
32). Moreover, the conclusion of mediation is free of all forms of legal punishment such as fines and imprisonment. What this means is that parties involved in mediation can always be assured that there will be settlement that does not put any commercial cost on them. What is more, peace is always guaranteed when mediation is used. Whether used by individuals, corporate bodies or between nations, the use of mediation helps in eliminating the fear of violent, brutal and sadistic conclusion to cases (Condliffe, 2002, p.111). This is especially important when using mediation between nations. This point is so made against the background that the world has experienced a number of wars, which experts have ruled that they could have been avoided if there were alternative means of resolving them. There are cases of major corporate organizations which went into liquidation because of protracted court proceedings and rulings. Most of these organizations, if they had chosen the path of mediation would still have been functioning and making profits. Finally, it would be said that mediation is essentially important in coming out with easy-to-apply remedies. This is because the outcomes of mediations are mostly arrived as a result of compromise between the parties involved instead of a ruling by an arbitrator. This way, the two parties arrive at consensus that benefits them both in settling their differences. Factors inhibiting the Compliance of Mediation Outcomes Despite the beautiful advantages of the use of mediation that can be listed on and on, there are major hindrances to the successful application of mediation as a dispute resolution and construction mechanism and therefore put a lot of parties ...Download file to see next pagesRead More
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