Dubai construction receives professional mediation

Accredited mediation course to help solve construction disputes

Mediation helps parties focus on their real needs, says RICS.
Mediation helps parties focus on their real needs, says RICS.

The Royal Institution of Chartered Surveyors (RICS) has created an accredited 'mediation training programme' in Dubai, in response to the increasing demand for mediators in real estate related disputes.

The economic downturn has led to an increase in the numbers of commercial disputes, as well as litigation and arbitration cases within the construction sector, with several hundred realestate cases were registered in the Appeals Court during the first half of 2009 2009.

The Dubai Mediation Centre – announced earlier this year – will help participants settle real estate disputes, experts have claimed.

"Mediation is both Shari'a compliant in its philosophy and well regarded as an established international dispute resolution process. Mediation is also truly voluntary, as entering the process does not bind the parties to reach settlement,” explained RICS Accredited Mediator Training director Andrew Goodman.

“In most cases, mediation cannot take place unless all the parties agree to enter the process, and will cease if one party leaves the process, which they are generally free to do at any time."

Mediation, Goodman suggested, has traditionally provided both client and professional satisfaction in terms of speed, cost, flexibility of outcome and confidentiality.

"The role of the mediator and the confidential nature of mediation negotiations helps parties to focus on and realise their true needs and interests which may be far removed from what a court, an adjudicator or an arbitrator might ordinarily have jurisdiction to order.

"Any litigation then becomes only a frame of reference, or point of departure from which to formulate a wider agreement."

However, RICS highlighted that successful mediation could only be achieved through the education of both lawyers and construction professionals about the process and its benefits.

"In November 2008, the Royal Institution of Chartered Surveyors formalised a relationship with RERA and as part of our support for the establishment of the Dubai Mediation Centre, RICS Dispute Resolution Services has committed to providing high quality accredited mediation training in the Gulf, through our UK-based trainers," concluded RICS director for MENEA, Alan England.

The RICS meditation training programme will run between December 12 and 17, at Dubai Knowledge Village.

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