Our Mediation and Negotiation Center was established for the solution and settlement of current disputes and to facilitate issues to the disputed parties by ending them without disruption and increased stoppage as a result of disrupting the work of the courts now, and as a desire to decrease time and effort for the parties in all disputes, as well as rationalizing the expenses incurred by the parties before the courts, etc.
Our center mediates between the parties to resolve disputes between them or negotiate in favor of one party with the other, and we are unique in the idea of the center as a desire to facilitate issues for the disputing and not to go along the road of the courts.
This idea came as a result of what the world is going through now of a unique exceptional situation that did not occur in the short term, which led to the disruption of life in most of the countries of the world, affecting the economies of those countries, which led to the breach of many rental contracts, including labor, trade, and civil contracts and the like.
With the contractual imbalance between the parties as a result of this new epidemic, the work of the courts in most countries as well as in the State of Kuwait was interrupted, which led to the interruption of the validity and handling of many cases before the courts.
For example, among these contracts, contracting contract, whoever builds a house for himself and his children needs a contractor to do this work and then a contract is concluded between whoever wants to build a house for him and the contractor, as well as the owner of the building, or the house, who wants to rent his house to others, concludes a contract with the Lessee who rents any apartment from t the house or building, which is called a lease contract, and the employer, who wishes to attract workers to work with him in any field, concludes employment contracts with his workers to regulate the relationship between the two parties, the trader also concludes contracts with other traders to supply raw materials or products or doing certain services for them or importing them from another trader. These contracts are called commercial contracts and another form of commercial contract is concluded between companies and other companies or commercial institutions.
Of course, if any disputes arise regarding any of the aforementioned contracts, i.e contracting, leasing, commercial or work contracts, the state courts are resorted to settling the dispute, and the dispute continues for periods ranging from one and a half years to five years, which may waste the time and effort of the parties and even the exhaustion of their financial resources.
Rather, the tragedy is that the courts deal with disputes may be disrupted due to emergency circumstances and thus the interests of individuals are disrupted and rights may be lost, and this is extremely clear by what we are suffering during the current period of the Corona pandemic that led to the disruption of the courts during the period from 12/03 / 2020 to 30/06/2020, i.e., for a period of about four months, and may extend beyond that.
On the other hand, the Corona epidemic led to the disruption of many contracts, and the fear of many contracts’ parties from their implementation for reasons that are due to the current circumstances, as a desire to maintain liquidity and assets by each party, and the existence of an obstacle from implementing some contracts for reasons due to the lack of liquidity of some and the presence of obstacles of others starting from the purchase of some raw materials for implementing contracting to other reasons that led to disputes arising from the disruption of implementing contracts during the spread of the Corona epidemic.
It is so clear for anyone how crowded the state courts will be after the end of this pandemic vacation, which requires alternative solutions to resolve disputes instead of resorting to the courts, given that resorting to the courts after starting their work will contribute in losing many rights because of prolonging the litigation period, which is prompted us to find an alternative familiar in the law and the men of jurisprudence, which is legal mediation as an alternative to the judiciary of the state, does not take a long time to settle the dispute, however it is characterized by accelerating adjudication in the dispute, so what takes before the state courts a year and a half to five years does not exceed the legal mediation center forty-five days.
This is what led us to establish a mediation center to resolve disputes away from state courts without affecting with the stoppage of the courts ’work, as the mediation center operates during the current vacation continuously throughout the year.
The policy of mediation is to adjudicate any commercial, labor, rental or other disputes within forty-five days, which saves the time and effort that each party takes if they resort to state jurisdiction.
In addition to mediation, the center plays the role of negotiation if one party wants the center to negotiate with the other party to reach a solution to the existing conflict and agree on a mechanism for work between the parties.
Divisions and services of the center:
Division of rents and its services:
The center’s team in this division resolves the rental disputes that exist between the lessor and the lessee. The legal and administrative team in this division has high-quality skills in mediating and negotiating, especially in the field of rents, as they have extensive experience regarding this.
Therefore, if you are owner of a building or real estate and the lessee has not paid the rent agreed upon in the contract
You can resort to a mediation center to mediate between you and the lessee, or delegate the center to negotiate with the lessee for you and by your name to reach a solution within forty-five days at the most, as an alternative way of resorting to the courts that take more than a year to adjudicate rental cases and the like in enforcing the court judjment, i.e. what you end up in the court within two years, you can accomplish it through mediation or negotiation within forty-five days.
Labor Division and its services:
Labor disputes varied during this period as a result of many employers ‘refusal to pay the salaries of their employees and others dismissed workers without legal justification, as well as some workers’ refusal to resume their work despite the authorization by the state.
Then this division was formed to solve the existing labor disputes between the employer (individual, facility, institution or company) and the employee amicably through mediation or negotiation without resorting to a litigation that may take years.
The legal and administrative team in this division has fine skills in mediating and negotiating, especially in the field of rents, as they have extensive experience in this regard.
So if you are an employer and a dispute occurs between you and your employees
You can resort to the mediation center to resolve the dispute between you and the employees or delegate the center to negotiate for you to reach a satisfactory solution for both parties, instead of entering the court’s path, which takes in such cases more than three years, which may be ended within forty-five days or less in Mediation and Negotiation Center.
Civil disputes Division and its services:
Due to the outbreak of many disputes in society and the breach of many parties to their civil contracts with each other, this division was formed to resolve these disputes amicably without cases overloading in the courts and prolonging the litigation period.
Our legal and administrative team in this division is distinguished by extensive experience in solving various civil disputes, by mediating between the parties or negotiating one of the two parties with the other.
So if you, for example, build your home, and a dispute occurs between you and the contractor
You can resort to the center of mediation and negotiation instead of entering the court, which may take in such disputes more than four years, but such a dispute ends in mediation or reaching a negotiated solution within forty-five days.
Corporate and Commercial Division and its services:
Our team in this division is distinguished by extensive experiences in mediating and negotiating with others to solve various commercial disputes because of the wide experiences that the members of this division have in commercial laws related to all commercial disputes such as the business corporation law and other commercial laws as well as economic laws such as the law of Financial Markets Authority and other laws.
The center’s cadres in this division also are trained at the highest professional levels, as well as the negotiation skills that the administrative team of this center has in addition to the legal team.
Therefore, if you are a trader and a dispute has occurred between you and another trader regarding your business
You can resort to the mediation and negotiation center to resolve the dispute or find a mechanism for a solution by negotiating with you with the other party, since such disputes before the courts take three years and more in their normal state, so instead you can resolve the dispute within forty-five days through mediation or negotiation about you.
And if you are a business corporation that has business with corporations, or internal or external parties
You can resort to the mediation and negotiation center to resolve the dispute or find any solution instead of entering the courts, which may take a lot of time, maybe three years or more.
Now you can resolve your disputes through our Center for Mediation and Negotiation within forty-five days of the formal agreement on that issue, instead of entering the path of the courts, the time of work commencement isn’t known, as well as prolonging the dispute in front of them due to the over crowdedness of the cases.
This is achieved through the implementation of some mechanisms in the bilateral relations of any disputing parties, whether by resolving the conflict completely or by finding ways to resolve it in a way that ends the dispute and satisfies the parties.
The center performs its work through realistic and electronic communication as well as virtual reality, as the center provides all other means to the parties or the party that entrusted the center for the speedy settlement of the dispute.
Mechanisms to reach with the Center through mediation and negotiation:
- Notifying the center by phone or through modern means of communication of the problem to determine the division concerned.
- Determining an appointment for a physical or remote meeting between the relevant division team and the client.
- The complete agreement between the division team and the client on all points of mediation and negotiation.
- Submitting an offer to the client through the financial division of the center, at the end of the meeting, after two hours at the maximum.
- Notifying the center of the client’s approval, then starting the daily work of mediating and negotiating.
- Notifying the mediation or negotiation team the client of work developments daily until the work is completed in the shortest period not exceeding, in any case, forty-five days by completing the settlement between the two parties.
- Following up the implementation of the settlement agreement throughout the implementation stages through the relevant team.