Mediation Frequently Asked Questions - English

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www.qicdrc.com.qa

Mediation frequently asked


questions

What is mediation?

Do I need a lawyer?

Mediation is a confidential and informal way of alternative


dispute resolution. With the help of a neutral third party
(the mediator) the parties work to reach a mutually
agreeable solution without the need to go to Court.

It is not unusual for parties to a mediation to represent


themselves. Sometimes they bring a friend or colleague
with them for support. However, if a party wishes to be
represented by a lawyer, they can instruct one.

What are the advantages of mediation?


Generally speaking, the mediation procedure is quick,
informal, confidential, flexible and cost effective.

Who can use mediation?

Most contracts will contain a dispute resolution clause


which will allow the parties to refer a dispute to
mediation. If there is no such clause, parties can still agree
between them to use mediation as a means of attempting
to resolve their dispute(s).

How do I apply to use mediation?


Parties who wish to submit a dispute to mediation can
contact the QICDRC (preferably by email) to request the
necessary documentation that needs to be completed.

What does mediation cost?


The QICDRC does not currently charge any administrative
or facility fees for use of the mediation centre. However,
the parties will have to pay the professional costs of the
mediator and for any extra services they require (such as
printing documents, photocopying, catering, etc.). A full
list of available services can be obtained from the QICDRC
upon request.

Dispute Resolution for


Modern Business Needs

How long will the mediation process


take?

Many mediations can be resolved in one day, some take


up to three and, in exceptional circumstances, they
may take longer. The length of the mediation depends
on a number of factors, including the complexity of the
dispute and the willingness of the parties to settle the
case.
What kinds of disputes are suitable
for mediation?

In the context of the QICDRC, any civil or commercial


dispute is suitable for mediation where either (i) the
dispute resolution clause in the contract provides for it, or
(ii) the parties agree to submit their dispute to mediation.

What qualifications will the


mediator have?

At present, the QICDRC will only recommend mediators


who are accredited by the Centre for Effective Dispute
Resolution who are an internationally recognised provider
of mediation services.

Can the parties choose the mediator?


Providing the parties agree on whom the mediator is to
be, then yes. If the parties cannot agree, then a suitably
qualified mediator will be chosen for them.

What happens at the mediation?


There are no strict rules governing the procedure which
has to be followed. Usually, however, the parties will be
invited to make introductory remarks about the case and
identify the problem(s) that have arisen. Once all of the
relevant information has been gathered, the mediator
will assist in identifying the problems. Once that has been
achieved, the parties will be encouraged to negotiate
and various options as to the best way forward will be
canvassed. All of this will be done with the aim of hoping
to help the parties reach an amicable settlement.
Will the mediation agreement be
enforceable?

Generally speaking, no. However parties sometimes


agree in their contract that if a dispute is referred to
mediation, the decision of the mediator will be final.

What are my options after mediation?


It is hoped that the mediation process will be a success.
However, if a party is unhappy with the result, then they
may be able to opt for arbitration or litigation depending
upon the terms of the dispute resolution clause contained
within the contract.

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