RICS launches training programme in Dubai for mediators
28 November 2009 (Dubai, UAE): *Economic downturns naturally lead to an increase in commercial disputes and a surge in litigation and arbitration, and this has led to increased levels of interest and use of arbitration in the UAE, particularly in the construction sector. Several hundred new property cases were registered in the Appeals Court over the first six months of 2009. A new Dubai Mediation Centre, announced earlier this year, is a positive and proactive response to the situation by real estate regulatory bodies and will help participants settle real estate disputes. In support of this response, RICS (Royal Institution of Chartered Surveyors) has announced a new accredited Mediation Training programme in Dubai, to help meet the increasing demand for mediators in real estate related disputes.
According to Andrew Goodman, Director, RICS Accredited Mediator Training, mediation is a voluntary, non-binding, and private dispute resolution process in which a trained neutral person - the mediator - helps parties to a dispute, or other impasse between them, try to reach a negotiated settlement for themselves, with or without the assistance of their own professional advisers.
"Mediation is both Shari'a compliant in its philosophy and well regarded as an established international dispute resolution process," says Andrew Goodman. "Mediation is also truly voluntary, as entering the process does not bind the parties to reach settlement. 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."
A mediated settlement can only come about on the authority of the parties concerned as the mediator has no authority to make a binding determination. If a settlement is reached, the agreed terms will form part of an enforceable contract. Mediation generally provides 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," adds Goodman. "Any litigation then becomes only a frame of reference, or point of departure from which to formulate a wider agreement."
The success of mediation comes with educating both professionals engaged in dispute processing - lawyers and construction professionals - and their clients, of both the process and its benefits.
Alan England, RICS Director for MENEA, based in Dubai, comments: "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."
RICS will run an accredited mediation training programme for mediators on December 12-17, 2009 (three modules, two days each) at Dubai Knowledge Village - more details available through email contact:
Jhopkins@rics.org
www.rics.org/uae
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About Andrew Goodman
Andrew Goodman LLB, MBA, FCIArb, FInstCPD, FRSA, Barrister and CEDR Mediator, is Professor of Conflict Management and Dispute Resolution Studies, Rushmore University and a visiting Lecturer in Dispute Resolution, UCL and SOAS, University of London. He is Director, RICS Accredited Mediator Training, and Convenor, Standing Conference of Mediation Advocates.
About RICS
Advancing standards in land, property and construction.
RICS is the world's leading qualification when it comes to professional standards in land, property and construction.
In a world where more and more people, governments, banks and commercial organisations demand greater certainty of professional standards and ethics, attaining RICS status is the recognised mark of property professionalism. Over 100 000 property professionals working in the major established and emerging economies of the world have already recognised the importance of securing RICS status by becoming members.
RICS is an independent professional body originally established in the UK by Royal Charter. Since 1868, RICS has been committed to setting and upholding the highest standards of excellence and integrity - providing impartial, authoritative advice on key issues affecting businesses and society. RICS is a regulator of both its individual members and firms enabling it to maintain the highest standards and providing the basis for unparalleled client confidence in the sector. RICS has a worldwide network, including MENEA regional headquarters in Dubai, UAE.
Issued on behalf of RICS Middle East by WPR.
Press Release 2009
