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Empowering Mediators in the MENA Region
More than a network of mediators, we are catalysts for grassroot change. Our mission is to foster a culture of mediation in the UAE and the broader MENA region to unlock the full potential of mediation, making it a cornerstone of justice and harmony in our region.
Latest News
Presenting the most recent news, developments, and updates in the field of mediation from the MENA region.
The DIFC Courts Mediation Service Centre has recently released registration criteria for its panel of mediators, and is accepting individual applications through the DIFC Courts’ eRegistry portal. Mediators registered on the panel will be eligible to facilitate alternative dispute resolution sessions under the DIFC Courts Mediation Service Center, which provides confidential, fully electronic, and globally accessible mediation services.
🔗 Learn more and apply via the DIFC Courts Mediation Service Centre:
https://www.difccourts.ae/difc-courts/services/mediation-service
UAE Launches Nationwide Mediation and Conciliation Framework to Transform Civil and Commercial Dispute Resolution
The Federal Supreme Council of the Judiciary recently announced a comprehensive legislative overhaul that transforms how civil and commercial disputes are handled. By moving away from traditional litigation as the "first and only" resort, the UAE is fostering a more flexible, cost-effective, and secure legal environment for investors and citizens alike.
At the heart of this evolution is Federal Decree-Law No. (40) of 2023. This law serves as the master blueprint, and its implementation has now been fully activated through eight strategic resolutions.
These resolutions bridge the gap between legislative intent and operational excellence. Here is the breakdown of the new framework:
1. Decentralized Access to Justice
Resolution No. (90) of 2025 decentralizes the ADR process by establishing specialized centers in Ajman, Fujairah, Umm Al Quwain, and Dibba Al Fujairah. These centers are designed to handle disputes locally, ensuring that effective mediation is accessible across the Emirates.
2. A Standardized Process for Judicial & Consensual Mediation
Resolution No. (18) of 2025 is perhaps the most critical for practitioners. It outlines:
● Enforcement: Settlement agreements now carry the same executory force as judicial judgments.
● Mechanisms: Clear procedures for selecting mediators, fee structures, and session management.
● Digital Platforms: The formal launch of an electronic platform to handle cases from referral to settlement.
3. Oversight, Ethics, and Professionalism
To ensure the integrity of the system, several resolutions focus on the "human element" of mediation:
● Admission & Quality (Res. 19): Establishes a Committee within the Judicial Inspection Department to manage the registration and renewal of mediators.
● Training & Conduct (Res. 20, 91, & 92): These resolutions mandate rigorous training, define the Code of Professional Conduct, and require insurance for mediators.
● Discipline (Res. 711): Provides a robust framework for investigating violations, ensuring that "alternative justice" never means "compromised standards."
4. Digital-First: The Remote Revolution
In line with the State’s digital transformation agenda, Resolution No. (710) of 2025 formalizes remote mediation.
● Identity Verification: Sessions are secured using UAE PASS or Emirates ID.
● Confidentiality: Strict prohibitions against recording or photographing sessions are in place to protect sensitive commercial data.
This framework aligns directly with Sustainable Development Goal 16 (Peace, Justice, and Strong Institutions) and the "We the UAE 2031" vision, which aims to build a pioneering, high-performance judicial system that keeps pace with global transformations.
The Takeaway for Businesses
For organizations operating in the UAE, this framework offers a predictable and professional path to resolve disputes without the traditional "burn" of long-term litigation. Mediation is now a sophisticated, legally binding, and digitally-enabled reality.
Egypt Signs Singapore Convention on Mediation, Strengthening Commitment to Cross-Border Dispute Resolution
Egypt has signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, widely known as the Singapore Convention on Mediation, marking a significant step in the country’s engagement with international commercial dispute resolution frameworks.
The signing took place at the United Nations Headquarters in New York on 13 January 2026, according to the United Nations Information Service. With this move, Egypt becomes the 59th signatory to the Convention, which currently counts 20 State Parties.
Adopted under the auspices of the United Nations Commission on International Trade Law (UNCITRAL), the Singapore Convention establishes a harmonized legal framework that allows parties to invoke and enforce international settlement agreements resulting from mediation across borders. The Convention is designed to place mediated settlement agreements on similar footing to arbitral awards under the New York Convention, addressing a longstanding enforcement gap in international mediation.
By facilitating the cross-border enforcement of mediated settlements, the Convention aims to promote mediation as an effective, efficient, and commercially viable alternative to litigation and arbitration, particularly in international trade and investment disputes. Its framework applies to international settlement agreements concluded through mediation to resolve commercial disputes, offering businesses greater legal certainty and predictability.
Egypt’s signature signals growing regional engagement with mediation as part of the broader international dispute resolution ecosystem. While signature alone does not make the Convention legally binding, it reflects a formal intention to consider ratification or accession, a step that would allow mediated settlement agreements falling under the Convention to be enforced within the national legal system.
The Convention remains open for signature, ratification, acceptance, approval, or accession by States and regional economic integration organizations. Up-to-date information on its status is available through UNCITRAL.
UNCITRAL, the core legal body of the United Nations system in the field of international trade law, is mandated to modernize and harmonize global trade law. Its work spans key areas including international commercial dispute settlement, electronic commerce, insolvency, transport law, procurement, and infrastructure development.
Dubai's Conciliation Law Transformed: Scope, Structure & Settlement Power Under Law 9 of 2025
Key Amendments to the Dubai Conciliation Law: What You Need to Know
Dubai Law No. 9 of 2025 has introduced significant changes to thedispute resolution landscape in Dubai, amending the previous Conciliation Law (DubaiLaw No. 18 of 2021 regulating conciliation activities the Emirate of Dubai). Here are the highlights:
• Expanded Scope for Conciliation: Conciliation is now permitted inpersonal status disputes (with limited exceptions), with the FamilyReconciliation and Guidance Committee playing a central role.
• Streamlined Procedures: All disputes must now be processed through the Courts’ electronic portal and supervised by a competent judge, ensuring greater oversight and efficiency.
• Empowered Government Agencies: The Center for Amicable Settlementof Dispute can delegate conciliation to government agencies or authorizedentities, who can now handle disputes and certify settlement agreements.
• Enforceability of Settlements: Settlement agreements certified by authorized conciliators are now directly enforceable once endorsed, with clear procedures for challenging or refusing certification.
• Mandatory Conciliation: Courts are prohibited from registeringclaims subject to mandatory conciliation unless first presented to the appropriateconciliation body, ensuring disputes follow the correct process.
• Formalities and Language: Settlement agreements must bebilingual, with Arabic prevailing, and must meet new certification requirementsto be enforceable.
These amendments enhance legal certainty, speed up dispute resolution, and reinforce the enforceability of settlements in Dubai. Businesses and individuals should ensure compliance with the new procedures to avoid risks of unenforceable agreements or procedural delays.
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Launch of the International Mediation Center to enhance dispute resolution and investor confidence.
The endorsement of the Dubai International Mediation Center by the Executive Council marks a key milestone in advancing Dubai’s legal infrastructure. The new center aims to provide cost-effective, efficient, and internationally recognised dispute resolution services that reinforce the city’s position as a global legal and commercial hub.
This initiative is expected to enhance investor confidence, support foreign direct investment, and create new opportunities within the fields of mediation and arbitration. By strengthening access to alternative dispute resolution, it also contributes to improving Dubai’s performance in global competitiveness indices, particularly those assessing the availability and effectiveness of civil justice.
The center is co-developed by the Government of Dubai Legal Affairs Department and ADR Center, one of Europe’s leading mediation institutions. Its launch underscores Dubai’s strategic commitment to modernising legal services and promoting a more investor-friendly business environment.
For more information visit:
Hamdan bin Mohammed approves new policies to boost education and environmental standards in Dubai
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In international mediation, cultural intelligence is often described in technical terms: understanding high-context versus low-context communication, hierarchy versus egalitarianism, and monochronic versus polychronic time. Even within a single international organisation, workplace mediation may assume an international character when conflicts arise between culturally diverse staff operating across institutional and national boundaries. These frameworks are undoubdetly useful. They ensure structure and clarity. But in my experience, cultural intelligence begins somewhere much simpler. It begins with the human dimension. Before we deal with cultures, we deal with people. And when we focus first on the person in front of us, we reduce the risk of over-intellectualising cultural difference. We move away from stereotypes and toward curiosity. The question shifts from “How does this culture behave?” to “Who is this individual, and how do they wish to be engaged?” That shift is not theoretical, but profoundly practical.
1. Cultural Intelligence Starts with Respectful Attention
At an early stage of my mediation practice, a senior colleague, prominent mediator from the USA, once made an observation that stayed with me. He said that my origin was not immediately identifiable, that I could be perceived as belonging to different regions, and that this might, in international work, be advantageous. At that time, I did not attach particular importance to the remark. Over the years, however, I began to understand its relevance.
In cross-border disputes, parties inevitably form assumptions about everyone in the room, including the mediator. They assess background, affiliation, cultural proximity, and other aspects. Sometimes this happens consciously, often it does not. The mediator therefore occupies a delicate space. While never culturally neutral in an absolute sense, the mediator must be perceived as psychologically accessible to all sides. Cultural intelligence includes awareness not only of the parties’ identities, but of how one’s own identity may be read within the room.
On one occasion, I worked with a Chinese businesswoman who introduced herself using her European first name. However, on the application, her Chinese name appeared. Rather than assume which name she preferred, I asked her how she would like to be addressed. She immediately expressed her preference for her Chinese name, explaining that she had adopted a European name to make it easier for others to pronounce and remember, but she preferred to be addressed by her Chinese name whenever possible, as it carries special personal and cultural meaning for her. Of course, I addressed her by her preferred name. This small moment signaled respect for identity rather than convenience. That gesture subtly strengthened trust and engagement at the outset.
Cultural intelligence is not always about mastering cultural codes. Often, it is about asking one precise question at the right moment. When we, as mediators, approach culture as a checklist, we risk oversimplifying its inherent nuances. When we approach it as an invitation to listen, we build connection.
2. When Etiquette Meets Relationship
Once, I worked with parties from an Islamic state. As prescribed by standard etiquette, a woman should extend her hand first to intiate a handshake. At the same time, I was aware that local tradition generally discourages physical contact between unrelated men and women. Accordingly, I did not initiate handshakes with male participants, and, when greeting them, I placed my hand over my heart and greeted them verbally. For the first days, the interactions followed formal protocol. However, after several days of working intensely together something shifted. When we concluded, a few of the men extended their hands to me. From a strict etiquette perspective, this might appear inconsistent. But from a cultural perspective, it was deeply meaningful. It was not a breach of tradition, it was an expression of respect developed through professional relationship.
That experience reinforced an important lesson: culture is not static, it is relational. Trust modifies formality. Shared work creates its own space of mutual recognition. As mediators, we must understand formal norms, but we must also recognise that mediation itself transforms dynamics. Cultural intelligence includes the ability to sense when a relationship has evolved beyond initial protocol.
3. Time Is Not Neutral
One of the most underestimated cultural dimensions in mediation is the perception of time.
In some Western commercial contexts, time is linear, segmented, and tightly scheduled. Deadlines are strict. “Let’s get to the point” signals seriousness. In many other cultures, time is relational rather than strictly chronological. Meetings may begin with extended conversation. Building rapport precedes substantive negotiation. The process may appear slower, but it is not inefficient, it is foundational.
Even small talk reflects these different time orientations. In some cultures, preliminary conversation is an essential negotiating strategy, used consciously by parties and mediators to build trust and signal respect. In others, it may be perceived as unnecessary or even as a distraction from the “real” issues. What one side experiences as relationship-building, the other may interpret as time-wasting.
When parties from different time cultures meet in mediation, misinterpretation is common: one side may perceive delay as obstruction, and the other may perceive urgency as aggression or disrespect. The mediator’s role is not to impose one tempo over another, but to manage expectations explicitly.
I often address time early in the process. I clarify the structure of the day, but I also signal flexibility. I explain how we will move between joint sessions and caucuses, reassuring the efficiency-oriented party that progress can occur even when conversation appears indirect, and the relationship-oriented party that structured timing does not mean emotional dismissal. I also observe that parties themselves are becoming more culturally aware and adaptive. Many demonstrate a growing willingness to stretch their habitual time assumptions, whether that means allowing space for relational conversation or accepting more structured pacing than they might prefer. When they are unsure how much flexibility is appropriate, they ask for mediator’s guidance on how to pace the discussion in a way that feels respectful and productive for everyone involved.
4. Numbers Speak Different Languages
Cultural intelligence becomes particularly strategic during the bargaining phase. In one culture commercial mediation, numbers are often presented directly and explicitly. Offers may move in relatively large, structured concessions. Parties may perceive concession patterns analytically: “We reduced by 20%; you reduced by 5%.” In other negotiation contexts, however, numbers may carry relational symbolism. Opening figures can be influenced by status considerations, or long-term positioning. Concessions may be gradual, layered, and carefully calibrated to preserve dignity. The same numerical movement can therefore be interpreted in entirely different ways: one party may see a small concession as bad faith while another party may see a large concession as destabilising or premature. This is where cultural intelligence becomes a practical tool.
In one cross-border supply dispute I mediated between a European manufacturer and an Asian distributor, the gap initially appeared commercially amenable to settlement. However, after the first exchange of revised offers, the European side increased its concession substantially, expecting reciprocal movement of similar magnitude. The Asian party responded with a comparatively modest numerical adjustment. The Europeans interpreted this as a tactic insult and even questioned whether a Zone of Possible Agreement (ZOPA) existed at all. Privately, however, the Asian executives explained that large movements early in the process would signal weakness internally and risk loss of face with headquarters. Their incremental concession was intended as a serious step within their negotiation logic. What one side perceived as an offensive offer was, in fact, a carefully calibrated strategic manoeuvre.
At that stage, joint sessions were counterproductive. Through separate caucuses, I was able to reframe the concession patterns: to the European party, I explained the relational and hierarchical constraints shaping the incremental approach; to the Asian party, I clarified how minimal numerical movement was being interpreted as resistance. Once both sides understood the logic behind the numbers, we were able to restructure the bargaining format, breaking the global figure into components and sequencing movement, which eventually revealed a workable ZOPA.
A mediator who recognises these patterns can reframe movement constructively by:
- explaining that gradual concession does not necessarily indicate unwillingness,
- structuring negotiations to allow face-preserving flexibility,
- encouraging parties to signal intention alongside numbers (“This reflects serious movement”, “This is exploratory”, etc.); breaking down global figures into components when analytical clarity is needed.
In other words, the mediator becomes an interpreter not of language, but of negotiation style. Yet the outcome of mediation rests in parties’ hands, the medator’s cultural awareness at this stage may meaningfully affect settlement probability.
5. From Neutrality to Relational Competence
Traditional descriptions of mediation emphasise neutrality and impartiality. These principles remain fundamental. In the design of international mediation processes, however, the limits of neutrality become particularly visible. Mediators are sometimes chosen to represent the respective cultures of the parties under the assumption that fairness will be enhanced. Yet such arrangements may unintentionally reinforce division: each party may perceive “its” mediator as a subtle advocate and the other as aligned with the opposing side. Rather than dissolving boundaries, cultural representation can solidify them. A single mediator who does not represent any of the parties’ cultures, but who is deeply familiar with and respectful of them, often provides a more constructive alternative. When neutrality is combined with cultural intelligence, the mediator is not claimed by either side. Both parties encounter an equally external and equally attentive presence. In this way, neutrality becomes relationally effective, not a withdrawal from culture, but independence from cultural alignment, supported by informed understanding.
In international and cross-border disputes, neutrality alone is insufficient. The international mediator must also possess relational competence — the ability to navigate identity, perception, symbolism, and unspoken assumptions, which requires curiosity rather than certainty, observation before interpretation, questions before conclusions, and flexibility without loss of structure.
Cultural intelligence is not about mastering every custom. It is about creating an environment in which difference does not become an obstacle to resolution. When done well, it allows parties from different countries, industries, and value systems to discover that, beneath procedural variation, they are negotiating profoundly human concerns. And that is where durable agreements are built.
Conclusion
In international mediation, cultural intelligence is not an optional refinement, it is a professional responsibility. When parties cross legal, commercial, and psychological boundaries, they enter a space of heightened vulnerability. As a result, assumptions multiply and misinterpretations accelerate. Small gestures carry disproportionate weight. In that environment, the mediator’s task is not merely to manage a process, but to hold a space in which difference does not become division.
Cultural intelligence, at its core, is not about mastering etiquette or memorising frameworks. It is about disciplined attentiveness to the human being behind the position. It is about recognising when a name carries identity, when a gesture signals respect, when time reflects relationship rather than delay, and when numbers express dignity as much as value.
The international mediators who cultivate this awareness do more than bridge cultures. They reduce friction before it escalates, translate intention before it hardens into accusation, and transform diversity from a barrier into a resource. In a world where commercial relationships are increasingly global and disputes increasingly complex, the mediator’s role is evolving. Neutrality remains essential. But it is cultural intelligence, grounded in humanity, that makes neutrality effective. And ultimately, it is that human dimension that allows parties, regardless of origin, to move from opposition toward resolution.
Mastering High-Stakes Negotiations from Mediator’s Perspective
Negotiations in high-stakes situations, often require navigating a complex dynamics. Whether negotiating on behalf of a country, organization, or individual, the stakes are often high, and the outcomes uncertain. A successful negotiator must be able to adapt to shifting dynamics, play multiple strategies simultaneously, and keep an eye on long-term goals while managing short-term hurdles. Beyond simple win-lose scenarios, effective negotiation involves understanding the nuances of the other side's motives, building and retaining trust, and sometimes finding areas where competition and cooperation can coexist. Let me emphasise a few points here.
- Power Imbalance
At first glance, negotiating with a more powerful party might seem intimidating, as the imbalance of power often brings the assumption that money is power. But it’s important to remember that power is not solely defined by financial strength. Power can take many forms—informational, emotional, legal, charismatic, and beyond. By understanding the various types of power and recognizing which one you possess, you can approach the situation with greater confidence. Psychological tactics, like presenting yourself, can also go along way.
- Appearance: There’s a saying, "Clothes make the man," which suggests that people often judge based on outward appearance. However, as the full saying goes, "…but your mind later on," meaning true judgment comes from your actions, thoughts, and substance. In the context of complex negotiations, while it's important to present yourself professionally, it's just as important not to judge the worth of a negotiation partner based solely on their appearance. Wear what makes you feel comfortable and confident, but also shows that you take the negotiation seriously.
- Body language: While body language and gestures can reveal a great deal in negotiations, we must be careful when interpreting them. A single gesture may not tell the full story, and misreading body language could lead to misinterpretation. For example, it is often said that crossed arms indicate disengagement or defensiveness. However, this body language can also signal that someone is trying to gather their thoughts and stay composed. Like appearance, gestures should be interpreted in context and should not be seen as absolute signs of intention.
- Team Support: The presence of a team can influence the balance of power significantly. A well-coordinated team can support your position, provide diverse perspectives, and offer backup in tough moments. It's not enough to have people by your side. Success depends on integrating their input and ensuring everyone is aligned towards a shared goal. However, teams can also create internal challenges, as differing views and strategies may cause friction. Understanding the roles and strengths of your team members, and how they interact with the other side, can be as important as your personal strategy in influencing the negotiation's outcome.
2. Playing with Strategies
Negotiation strategies are like puzzles; they work best when aligned with the other party’s approach. If one side is competitive, it might be wise to employ an accommodating or avoidant strategy to maintain the negotiation’s balance. However, strategic flexibility is essential. If one side chooses to collaborate on one issue, it doesn’t mean they will continue that strategy across all topics.
The key takeaway is that there are no “bad” strategies—only irrelevant ones if applied at the wrong moment. For instance, if one party is focused on collaboration while the other is in a competitive mindset, the negotiation is unlikely to succeed. There are times when avoidance can be an effective strategy, especially if the situation is not yet ripe for resolution. However, in real negotiations, I’ve witnessed many times when one side used avoidance, diminishing the importance of an issue and manipulating the other side.
Sometimes, the strategy of coopetition—balancing cooperation with competition—can offer a way forward, balancing mutual interests with priorities if the issue of mistrust is overcome.
3. Different Scenarios
Negotiators must always anticipate various scenarios before, during and after the negotiation process. However, scenarios are just hypothetical. No one can predict exactly how things will unfold because real negotiations often deviate from expectations. The so-called "butterfly effect" plays a role here, as small, seemingly insignificant actions can ripple into major consequences. In high-stakes negotiations, understanding the real motives of the parties involved is key, but predicting them accurately is challenging.
Conclusion
In high-stakes negotiations, everything—statements, actions, intentions—must be approached with caution and mindfulness. High-stakes negotiations are like navigating a stormy sea. The waters can shift unexpectedly, with undercurrents of power, trust, and strategy pulling in different directions. To reach a successful outcome, negotiators must steer carefully, adjusting their course as the winds of change blow. Power can take many forms, but true mastery lies in recognizing when to compete, when to cooperate, and when to retreat. Trust, once built, can anchor a negotiation, but it must be guarded, as it can erode quickly if not carefully maintained. Ultimately, the art of negotiation is not about winning every battle but understanding the deeper motives at play and navigating the complexities with insight and foresight. Like a captain steering through a storm, a skilled negotiator knows that every decision, no matter how small, can trigger a butterfly effect, where even the slightest move can have far-reaching consequences on the broader journey.
The Role of Mediation in Making Family Business Anti-Fragile
Did you know that Walmart Inc. (USA), Volkswagen AG (Germany), Tata Group (India), LG Electronics Inc., Samsung Group (Korea) as many as other well-known companies are familybusinesses [1]? The biggest region for the share of family businesses in the world is Europe, with 43% in the world’s 750 family business ranking. According to “Family Capital”, the most family business countries are the United States and Germany. There is no statistics on the Kyrgyz Republic, but some of the known and successful companies such as “Shoro”, “Imarat Stroi”, “Kulikov”, and “Park Hotel Bishkek” are also family-owned businesses. In Sweden, over 60% of working-age population are occupied in family business. At first sight, family companies are the most sustainable entities, very often involving several generations and thriving for decades. At the same time, a family company is a quite risky enterprise in terms of conflict potential. In accordance with the Corporate Governance Professional Association, the vast majority of family businesses have a very short lifespan and only 5 (!) percent of family companies survive after the transition to the third generation of family owners [2]. The reasons for that are different and include contradicting business views, differing approaches, and unhealthy competition between family members. In some family companies, rivalry may appear simply because of psychological fear of the founder that he could be removed from the business scene by his close owners [3]. During ongoing crisis and unexpected economic, political and social changes, the position of family businesses is even more exacerbated. Corporate policies aimed at sustainability of family companies in fragile context are helpful but do not work for every case. Mediation is one of the anti-fragility mechanisms that is already used and undoubtedly should be utilized further by family business owners in all its three dimensions, including project mediation, deal mediation and mediation of disputes.
There is no better dispute resolution method than one that is applicable, reasonable and fits the nature of a dispute. But for family business disputes, mediation and mediation solely is highly recommended. Family business matters when personal and business relations are intertwined are very sensitive and, in addition to business knowledge, require empathy, creativity and a high level of emotional intelligence. In such cases, litigation may be even harmful. Sometimes disputes between siblings, children and parents, spouses turn into a battle of generations and war of the genders. When a dispute arises, it is challenging for parties to separate personal attitudes and business ones. Future of business is completely dependent on the showdown of personal relationships. Furthermore, the case can be even more complicated if family members are not only founders of the company but also occupy particular positions in it.
Perhaps, the following recommendations, based on family business mediation experience, will be helpful or at least appear as food for thought for those who are starting or already have been running a family business for some time:
1) Be clear and honest when distributing the roles in the family business, so everybody knows what to expect and for what one is responsible.
2) Observe formalities and documentary requirements. In case of a dispute, gentlemen’s agreement will be a too weak argument to rely on.
3) Include independent directors in the Board of Directors, who are not affiliated neither with the owners nor with management.
4) If you live together with your relatives who are your business partners, make an effort not to discuss business issues at home, making your home place a space for pleasant time together with close ones.
5) Choose a dispute resolution method to be utilized in case of a dispute at the outset. When a dispute is already there and emotions are running high, it is quite difficult to agree on the mutually acceptable remedy method.
6) In case of a dispute, do not forget to ask yourself some very important questions: “What is most valuable and really matters for me?”, “How my decision will influence the relations with my relatives?”, “What will happen to the business itself and employees?” Honest answers may prevent from a short-lived and unwise decision.
7) Whether the disagreement is about business strategies, roles, responsibilities or some other related things within a family company, it is reasonable to apply for mediation at early stages. Do not wait until a disaster.
Why to utilize mediation in family business?
Family business is not a case when business partners can simply split up in the occasion of disagreement. In family business issues, mediation deals with both relations and business interests. Even if parties decide to separate, mediation helps to preserve human relations. Mediation is confidential and for those who prefer home-business affairs are not talked publicly, mediation is a viable option. Last but not the least, in mediation, regardless of age, gender, point of view, role, and position, no one is criticized, judged, or ignored. In family business matters, the goal of mediation is to create enough space for every business-involved family member’s voice to be heard and valued.
How does mediation provide anti-fragility to family business?
I am a vigorous proponent of differentiating mediation and conciliation. Mediation is not always about peace. Quite often, parties, especially business people, seek for a solution, not for peace. The goal of mediation is not to conciliate disputants, but to reconcile their interests and views, which, at the end of the day, bring sustainable outcome. At the same time, as it was mentioned above, mediation does not put aside the relationship part. Mediator helps family members to explore pros and cons of different approaches. Everyone feels comfortable and understands what is going on. A good example of how mediation can help, is demonstrated in the movie “Fairly Legal”: Kate, the mediator, is invited to facilitate disagreement between father and son regarding their clothing manufacture business because they were not able to reach an agreement on their own.
Anti-fragile mindset considers any problem as an opportunity not only to resist, but to grow. In addition to sorting out misunderstandings, mediation provides family businesses with the unique opportunity to find creative solutions, to build momentum for family business to prosper for the benefit of a family, community, city and country.
[1] Family Capital, "The World's Top 750 Family Businesses Ranking"// https://www.famcap.com/the-worlds-750-biggest-family-businesses/
[2] A. Okunev, "The Specifics of Corporate Governance in Family Companies"//https://cgpa.com.ua/
[3] Harry Levinson, "Conflicts that Plague Family Businesses"// https://hbr.org/1971/03/conflicts-that-plague-family-businesses
The Mediation Summit 2026 Highlights the Future of Dispute Resolution in the UAE and MENA Region
The Mediation Summit 2026, held in Dubai, brought together over 250 participants and 26 expert speakers from across the region and internationally for a full day of dialogue, insight, and forward-looking discussion on the evolving role of mediation in the UAE and across the MENA region.
Organized by the Dubai International Arbitration Centre (DIAC) in partnership with the Mediation Hub MENA, the Summit reflected the growing institutional commitment to mediation as a cornerstone of modern dispute resolution and business governance.
Opening the Summit, Robert Stephen, Registrar of DIAC, and Dr. Ahmad Alozn, PhD, Founder of The Mediation Hub MENA, set the tone for a day focused on credibility, integration, and scale. Their remarks emphasized mediation's expanding role within legal systems, commercial frameworks, and public-sector projects.
Global Perspectives and Institutional Leadership
The Summit featured three major keynote addresses and five dynamic discussion panels, creating a comprehensive program that balanced strategic vision with practical application. Keynote speakers included H.E. Eng. Maysarah Eid, Director General of the Abu Dhabi Projects and Infrastructure Centre, Sir Robin Knowles, Judge of the UK High Court (Commercial Division), and H.E. Sarah Shaw, CEO of the National CSR Fund (MAJRA). Their interventions highlighted mediation's increasing relevance within judicial ecosystems and large-scale infrastructure and government projects, and the increasing reliance on collaborative dispute prevention. Furthermore, the Summit featured important participation by key and leading justice regulatory bodies from the UAE public sector, such as a very generous delegation both from the UAE Ministry of Justice, and the Government of Dubai Legal Affairs Department.
Panel I: International Trends and Local Developments, moderated by Christine Maksoud, Founder and Executive Director of The Mediation Hub MENA, explored global best practices and regional adoption. Panelists included Ali Al Aidarous, Gary Birnberg, and Shaikha Al Qattan, who examined how mediation frameworks are being implemented in practice across jurisdictions.
This was followed by Panel II: The Dispute Resolution Spectrum – When Mediation Makes Sense, moderated by Dr. Ahmad Alozn, Founder of The Mediation Hub MENA, bringing together representatives from arbitration, government, and corporate sectors to discuss how mediation integrates within the wider legal, commercial and financial ecosystems. The morning sessions concluded with a dedicated focus on Mediation and ESG, featuring remarks by H.E. Sarah Shaw, CEO of the National CSR Fund (MAJRA), underscoring mediation's role in translating ESG commitments into measurable, credible behavior.
From Frameworks to Practice
The afternoon sessions shifted the focus from policy to practice. Panel III: Sector-Specific Disputes Relevant to the Region addressed real-world applications of mediation in high-stakes sectors. Part I, moderated by Kim Rosenberg of Freshfields LLP, focused on Construction, Infrastructure, and Development Disputes, featuring experienced international mediators and arbitrators. Part II, moderated by Henrietta Jackson, Founder of IPOS Mediation, examined Family Business and SME Disputes, highlighting that mediation in these contexts protects not only capital, but legacy, identity, and trust. A forward-looking presentation by Fabiola Keramidas, President of the Chamber of Conciliation, Arbitration and Intercultural Mediation (Brazil), addressed digitalization, confidentiality, cultural considerations, security, and the responsible use of AI tools in mediation.
The Future of Mediation in the UAE
The Summit concluded with Panel IV: Mediation Challenges and Future Outlook, moderated by Zouhdi Yakan, with speakers examining innovation, data, technology, and market readiness. In her closing remarks, Christine Maksoud emphasized that while the UAE mediation ecosystem is rapidly taking shape – with laws, institutions, and trained professionals in place – legislation alone is not enough.
“The future of mediation will be shaped by the choices businesses make today,” she noted, echoing the Summit’s central message that mediation begins with listening – before positions harden and relationships break.
This message was reinforced through the launch of the UAE Mediation First Pledge, an initiative by The Mediation Hub MENA inviting businesses to commit to mediation before litigation, preserving value, protecting relationships, and resolving disputes efficiently without loss of time, control, or reputation.
A Collective Effort
The Mediation Summit 2026 reaffirmed mediation's position as not only a legal mechanism, but a strategic business and governance tool, reflecting Winston Churchill's words cited during the Summit: “Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen.”
As the UAE continues to position itself as a global dispute resolution hub, the Summit sent a clear message: choose mediation – before damage is done.
Summit Statistics
The Summit drew strong participation from across the legal and business ecosystem, with 38% from legal services, 20% from regulatory authorities, and 10% from legal support sectors. The diverse audience also included representatives from consulting (9%), education (8%), and courts and dispute resolution centers (5%), underscoring mediation's relevance across professional sectors. Notably, 63% of attendees represented private sector organizations, with 27% from government and semi-government entities, reflecting the Summit's appeal to both private and public sectors. While 86% of participants are based in the UAE, 14% come from the MENA region, Europe, the Americas, highlighting the Summit's growing regional and international reach, and the international interest in the UAE as a hub of alternative dispute resolution services.
BRIDGING THE ESG GAP WITH MEDIATION PRACTICE
The ESG Gap Is Real And Growing
Over the past decade, Environmental, Social, and Governance (ESG) criteria have evolved from voluntary guidelines into powerful legal frameworks and drivers of corporate behavior. Regulation is intensifying, stakeholder expectations are rising, and civil society is actively engaging in ESG disputes worldwide. Companies face growing pressure not only to prove profitability but also responsibility, with increasing demands for ESG risk metrics from investors and corporate entities. Yet, behind the surge of ESG reports, sustainability strategies, and ethical commitments lies a persistent gap, a growing mismatch between external promises and internal realities. The OECD’s recent report, Behind ESG Ratings: Unpacking Sustainability Metrics, highlights the complexity beneath the numbers.
Many organizations struggle to translate ESG from written policies to authentic practices, from a checklist of commitments to a true “speak-up” culture that delivers real value on the ground. Far from being perceived as an opportunity, this gap is turning into a growing source of disputes, polarizing essential debates around environmental protection and human rights. The ESG gap is not merely technical or legal, it is political, emotional, and operational. It breeds misunderstandings, polarized visions, and conflicts.
Tensions inevitably arise, of multiple nature:
• Between strategy and operations: “We can’t meet these goals and stay competitive.”
• Between generations: “You say climate matters, but your decisions say otherwise.”
• Between departments: “Operations says no; sustainability says yes.”
• Between headquarters and local communities, especially in complex or extractive sectors.
• Between countries and nations.
ESG Tensions Are Structural, Not Incidental
In an era of climate urgency and rapid digital transformation, AI and high-speed technologies amplify societal fractures, reinforce like-minded silos, and often surface behaviors reminiscent of darker chapters in our history.
The ability to listen, facilitate, and co-create is becoming a key competitive and an ethical skill. The ESG agenda naturally creates friction because it pushes organizations to change: to reassess priorities, disrupt routines, and balance competing interests – money versus future generations, money versus equality etc.. It fundamentally challenges the very purpose of business, shifting from pure economic goals to broader, deeper responsibility and purpose, where actions speak louder than words and steps away from immediate rewards.
The Rana Plaza tragedy in 2013 provoked strong reactions worldwide, raising profound ethical questions: does corporate responsibility stop at borders, or does it extend alongside the global reach of products, technologies, and access to critical resources?
France’s pioneering Duty of Vigilance law (Loi n° 2017-39922) imposes obligations on large companies to prevent serious harm to human rights, health, safety, and the environment across their operations and value chains.
European directives now aim at building on this foundation, to extend vigilance obligations across value chains, including non-EU operations, aiming for harmonized sustainability due diligence, although the Omnibus package deal seriously hold back the movement.
The specialized court in Paris’s Pôle, Chambre 12, clarify recently some of the law’s substance application. The June 17, 2025 ruling in La Poste v. Syndicat SUD PTT4 stated that:
• Risk mapping must be precise, not generic.
• Companies are not required to implement detailed measures unilaterally but must co-design effective actions with stakeholders.
• Genuine consultation is mandatory with proven opportunity to elaborate the plan collectively.
• Business secrecy limits disclosure of sensitive data about the value chain, but does not preclude transparency on methodology used and risk mapping Stakeholder engagement and effective grievance mechanisms lie at the heart of duty of vigilance strategy and processes that must be both genuine and participatory on both sides.
What Mediation Offers Beyond Conflict Resolution
Why is mediation suited to a strategic, results-driven approach to ESG challenges?
Mediation is a vital resource in defining and structuring vigilance duties, especially when authentic stakeholders’ engagement and structured dialogue are required. Identifying key stakeholders and managing complex dialogue rounds is challenging for companies, for many reasons, lack of time, distrust, misunderstanding, difficulty to identify interlocutory. This contradicts the viral spread of unverified information, fake news, and hasty judgments that dominate public discourse. Time matters. Mediation procedures are structured and proactive. But they create appropriate timing to process, digest, understand, evaluate information without jumping to conclusion immediately. A neutral third-party expert is a resource to design the process, agenda, timing, priorities and negotiation steps with the parties’ consent and active participation. It is a voluntary process, all along.
As such, mediation can be used as a governance and engagement tool to:
• Surface diverging interests before escalation
• Build trust
• Reframe disagreements
• Enable co-creation beyond win/lose binaries visions
• Provide safe space for internal dissent or community voices
• Reduce litigation risk and reputational harm
This “ESG mediation project” is non- contentious but ensures robust, interest- based, realistic negotiations toward achievable plans with milestones. It relies heavily on William Ury’s four pillars from Getting to Yes book:
1. Be soft on the people, hard on the problem.
2. Focus on interests, not positions.
3. Use objective criteria.
4. Work together for fair and creative solutions.
In contentious matters including Investor-State disputes, the process increasingly relies on conciliation mechanisms (e.g., ICSID, World Bank, OECD Grievance mechanism) to preserve investments and local development, emphasizing the fundamental element of relationships, expectations and needs in the context of financial investments and settlement of disputes. This is never just about money.
Case In Point: Environmental Contamination And Constructive Stakeholder Engagement
A recent confidential case involving long-term environmental contamination, stemming from industrial practices halted 30 years ago and passed through successive owners of the site illustrates these challenges. Successive owners were entrenched in distrust and blame for years, with strong legal postures focused on liability limits. Litigation risk, delay, and reputational damage loomed large. While discussion was ongoing about the potentialities, the actual assessment of the risk was not progressing because, truth be told, no one wanted to spend the money on it.
Legally though, each party held a share, the proportionality could be debated, but this would find no grace to the public opinion. A turning point came when a toxicology report revealed serious potential human health risks. More investigations were needed, and the time to act was now. With the involvement of environmental engineers from both sides, the dynamics changed, the perspective was no more risk-based or legally driven. Negotiations shifted from positional stances to interest-based dialogue. Parties agreed to jointly investigate, clarify risks, implement preventive measures, and remediate jointly the potential damage.
A collaborative stakeholders engagement process emerged, featuring:
• Clear dialogue protocols & steps ensuring confidentiality and equality
• Mutual and equal funding
• Expert vetting and involvement milestones
• Coordinated communication procedures
• Regular adaptive decision-making
• Clear investigation and remediations milestones involving the local authorities
• Transparency
What began as a conflict with potential for prolonged private litigation became a platform for accountability, innovation, and trust-building. The outcome of the investigation/remediation procedures resulted on a 100% risk mitigation for people and the environment around the site. A clear win on every sides. This case demonstrates that mediation is not about evading responsibility, but in long terms issues, where liability allocation is not that obvious, surfacing the issues in a structured manner creates ownership. Resolution begins with how we choose to look at the problem and with involving the right people at the discussion table who can challenge views and bring different perspectives.
No One-Size-Fits-All ESG – The Multicultural Dimension in ESG Mediation
ESG is a global language spoken with diverse accents. What “responsibility” means in Paris differs from Nairobi, Mumbai, or Houston. Culture, history, regulation, and power dynamics shape perceptions of fairness and sustainability. The success of projects involving multicultural parties across different regions depends heavily on the parties’ ability to mutually understand cultural realities from both sides, ethics, and frameworks. Many ESG frameworks assume universality that doesn’t exist. Global companies are caught between conflicting norms and invisible cultural assumptions. Mediation uncovers and works with these differences, not erasing them but honoring pluralism. It questions dominant narratives, recognizes cultural specificity, and finds complementary perspectives. In a fractured world, connection is the most pragmatic and achievable goal we can aim for. Mediation offers this safe space: slowing down, translating expectations and needs, and building bridges.
Conclusion: Don’t Manage ESG Challenge. Mediate It.
The transition to sustainable enterprise is complex and conflictual by nature. But conflict is not failure, it is a signal that a change is needed. Companies that embrace proactive conflict engagement, using mediation, shift from reactive dispute management to shaping shared futures. Mediation offers a human-centered, rigorous path that embodies Humankind: building bridges, where law alone falls short, turning conflict into opportunity.
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