PART 36 — Court-Annexed Mediation
Amended 25 February 2019.
In this part, "court-annexed mediation" means the mediation services provided by ADGM Courts and conducted in accordance with the relevant practice direction.
304. Referral to mediation(1) In accordance with the relevant practice direction, a dispute may be referred to court-annexed mediation:(a) voluntarily by all parties to the dispute prior to or after commencement of proceedings; or(b) by an order of the Court.(2) The Court will expect the parties to have considered whether mediation might enable the settlement of the dispute prior to the commencement of proceedings. Parties should continue to consider the possibility of reaching a settlement at all times, including after commencement of proceedings.
305. Voluntary referral to mediation
Parties may refer their dispute to court-annexed mediation prior to the commencement of proceedings, provided that the Court ordinarily would have jurisdiction to hear the dispute if proceedings were to be commenced.
Inserted on February 25, 2019
306. Court-ordered mediation(1) If proceedings have been commenced, the parties may be required by the Court to provide evidence that a mediation has been considered or taken place. For the avoidance of doubt, in complying with this Rule the parties will not be required to divulge any information or documentation that was exchanged or discussed on a without prejudice basis within such mediation.(2) In accordance with the Court's general powers of management under Rule 8(1), the Court may, on its own initiative or upon the application of any party, make an order referring the dispute or any part of the dispute to court-annexed mediation, where in the opinion of the Court such order appears appropriate.(3) Whilst the making of an order referring a dispute to court-annexed mediation is at all times a matter for the discretion of the Court, should the Court make such an order, in the normal course it will do so at the first case management conference unless there is a compelling reason why such an order should not be made at that stage.
In exercising its discretion as to costs in the proceedings, the Court may take into account the parties' conduct in relation to any attempt to resolve the dispute by mediation.