For decades, the legal sectors and business communities in many countries have felt the need for alternative means of litigation, looking towards methods that are more effective and flexible to resolve disputes. Methods that avoid the limitations of court proceedings in order to abbreviate time, effort and expenses. As well as allowing natural and legal persons access to justice to a relatively greater extent. Hence, the rules of arbitration, conciliation, impartial evaluation, and mediation were initiated.

Mediation, in concept, revolves around appointing a neutral person as a mediator between conflicting parties; in order to assist them in converging viewpoints, understanding their different positions, managing dialogue sessions, reviewing their arguments and evidence. This process allows the mediator to provide legal or technical advice leading to proposing an equitable settlement that achieves a balance between their various interests. Needless to say, mediation is optional at every stage, it does not start or continue or end with a settlement unless all parties consent.

Mediation has an advantage over litigation and other Alternative Dispute Resolution (ADR) methods in that its proceedings are less formal. It relies on the effective participation of the parties through the discussion of relevant details and proposal of settlements.  In this way, it allows the parties to have full control over its progress and to manage its outcomes. However, this significant role of the parties does not undermine the importance of the mediators' role, nor does it diminish the need for the mediator to have effective communication skills and knowledge of successful negotiation methods, maintaining a sense of patience and wisdom. There are legal aspects to mediation, but one must not forget the administrative role as well as the psychological nuances the mediator must understand to succeed.

Federal Law No. 6 of 2021 on Mediation for the Settlement of Civil and Commercial Disputes, is the first UAE legislation regulating the rules of mediation. According to which, there are two types of mediation: Judicial and Non-Judicial. The first occurs when the parties to an ongoing court case request the court to refer the case to the Conciliation and Mediation Centre. The second occurs when the parties proceed directly to the Centre seeking the appointment of a mediator with no prior court case. It is important to note, the legislator stipulates that the agreement to mediate is null and void unless it is documented in writing.

The legislator is keen to register in the mediators' lists only those who would have a qualitative addition to the mediation system. If we look at the articles closely, we will find that this is done by distinguishing three categories. The first category of mediators are those with a broad legal background, who are retired members of the judiciary and registered attorneys, as well as international experts in the fields of law and business. The second category contains mediators with a purely technical background, who are experts registered on the Rolls of Experts in the Ministry of Justice or local Judicial Authorities. The third category is distinguished by mediators having unique experience in convening conciliation sessions and concluding settlements, and they are among the appointed or delegated conciliators at the Mediation and Conciliation Center. This is within the context of fulfilling several requirements related to educational qualifications, practical experience, passing the training, exams, and interviews. This shows the great care the legislator has taken to ensure that the mediators are selected from the elite of the available expertise.

The law includes several articles that set the general framework for the mediation process. It contains specific instructions about starting mediation, and how to hold its sessions with the parties together, or with each party separately, emphasizing strictly the principle of confidentiality of information shared during the process. It enumerates the mandates of the mediator and indicates the prohibitions for the mediator during or after mediation, in order to prevent any conflict of interest, given that many mediators will have more than one professional capacity, such as being mediators and attorneys, or mediators and technical experts.

In conclusion, if we raise the question "what is expected from applying the mediation rules effectively on the ground?", the immediate answer would be that it would reduce the number of court cases and give individuals and companies an efficient option in terms of time, effort, and expenses. Furthermore, we hope that mediation will open up investment opportunities for international mediation specialists and local law firms and technical expertise. We look forward to seeing a   culture of fair settlement emerge among various sectors of society where merchants and individuals have the choice to resolve their disputes through progressing down a flexible, efficient, and cordial path.