Disputes Centre

DMCC Disputes Centre

We offer a range of mediation services

DMCC's Mediation Services

Mediation is a voluntary and flexible form of dispute resolution in which a neutral third party assists parties to work towards a negotiated settlement of their dispute. The parties retain control of the decision on whether or not to settle and on what terms. The DMCC Disputes Centre offers both workplace and commercial mediation services.

Our Mediation FAQs set out further details about the mediation services available, but if you have any further queries, please do not hesitate to contact the DMCC Disputes Centre by creating a case through the DMCC Help Centre.

 

Workplace Mediations

The DMCC Disputes Centre offers a mediation service to DMCC member companies and its employees in respect of workplace related disputes. These disputes might include:

  • Termination issues
  • Resignation issues
  • Unpaid salary
  • Breach of contract
  • End of service benefits

The flow chart below sets out further details as to how to the DMCC Disputes Centre can help you resolve workplace related issues.

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How do I make a Request for Workplace Mediation?

An employee can raise a mediation request by sending the Request for Workplace Mediation Form to the DMCC Disputes Centre by creating a case through the DMCC Help Centre. A non-refundable filing fee of AED 220 plus VAT is required.

An employer can raise a mediation request through the DMCC member portal. Again, a non-refundable filing fee of AED 220 plus VAT is required.

For further information about how to raise a workplace mediation request please contact the DMCC Disputes Centre at DMCC Help Centre.

DMCC strongly encourages the use of the workplace mediation service. However, if a party wishes to take the matter directly to the Ministry of Labour (Labour Court) and does not wish to go through the mediation procedure, an employee or DMCC member company employer is of course free to do so.

 

The flow chart below sets out the fees payable for an NOC.

 

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Silver, Gold, and Platinum Mediations

In addition to the workplace mediation service, DMCC also offers to its member companies and to members of the DMCC Food Trade Group three additional types of mediation: Silver, Gold and Platinum Mediation. These three tiers are available to any member company or member of the DMCC Food Trade Group who is involved in a general commercial dispute (for example, an alleged breach of contract) and are based on the value of the dispute (click here for further details of Silver, Gold and Platinum Mediations). Please note that there is no requirement that the counterparty to the dispute has a connection to DMCC.

Whilst the DMCC Disputes Centre will be happy to assist the parties in reaching resolution of commercial disputes, please note that the DMCC Disputes Centre does not currently offer a mediation service in respect of:

  • Rental disputes
  • Consumer rights disputes
  • Shareholder disputes

The flowchart below sets out further details as to how to the DMCC Disputes Centre can help you resolve commercial disputes.

 

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How do I make a Request for Silver, Gold or Platinum Mediation?

In order to raise a request for Silver, Gold or Platinum mediation a party has to raise a mediation request by sending the Request for Silver, Gold or Platinum Mediation form to the DMCC Disputes Centre by creating a case through the DMCC Help Centre. A non-refundable filing fee of AED 500 plus VAT is required. The relevant Mediation Fee (as set out in the DMCC Disputes Centre Mediation Rules) must be paid in order for the mediation to proceed.

For further information about how to raise a Silver, Gold or Platinum mediation request please contact the DMCC Disputes Centre by creating a case through the DMCC Help Centre.

DIFC Small Claims Tribunal

The Small Claims Tribunal or SCT is one of the DIFC Courts and is dedicated to resolving small claims rapidly and effectively.

The DIFC is an opt-in jurisdiction. This means that both of the parties have to consent to the DIFC Courts’ jurisdiction. This can be either before or after a dispute has arisen, meaning that the parties can decide to agree to use the DIFC SCT to resolve a dispute, even where it is not contractually provided for.

Employment disputes within the DMCC Freezone are out of scope of the DIFC SCT because the Ministry of Labour has exclusive jurisdiction over such matters. Likewise, real estate claims within the DMCC Freezone are out of scope of the DIFC SCT because the Real Estate Regulatory Agency has exclusive jurisdiction over such matters. This means that commercial disputes (e.g. breach of contract disputes) are most likely to be the issues that may be referred to the DIFC SCT by DMCC member companies or DMCC Food Trade Group members.

DMCC and DIFC have agreed to work together on a number of exciting joint initiatives, including greater co-operation between the respective dispute resolution and mediation services.

A DMCC member company or DMCC Food Trade Group member can lodge a claim with the DIFC SCT by visiting the DIFC SCT website.

*Although DMCC makes reasonable efforts to update all information on its website, we make no representations, warranties or guarantees, whether express or implied that the information and content is accurate, complete and up-to-date. DMCC is not responsible for the content of any external websites, including the DIFC website. Neither DMCC nor any other DMCC entity or affiliate accepts any responsibility for any loss which may arise from reliance on information or material contained on the DMCC website or any third party websites including the DIFC website.

The DIFC Small Claims Tribunal offers a number of advantages to its users:

  • A speedy resolution

Nearly 75% of cases are resolved within four weeks of filing the claim

  • No translation, no lawyers

Proceedings are conducted in english which negates the need for documents to be translated, and without lawyers to allow both parties to settle directly

Exclusive benefits for DMCC members/DMCC Food Trade Group members in relation to the DIFC SCT:

  • Access to a DMCC ambassador - If you have any specific questions about bringing a claim in the DIFC SCT you can contact the DMCC ambassador at the DIFC at DMCC_SCT@difccourts.ae
  • Benefit from an accelerated case plan - ahead of the hearing, both parties will be given the opportunity to agree to an accelerated case plan and to decide the timing of the steps for preparation for the hearing
  • Skip first SCT consultation - there is no requirement to go through mediation as part of the DIFC SCT process where the parties have already been through the mediation process at the DMCC Disputes Centre
  • Access directly from Almas Tower - DMCC will be the first Free Zone to offer direct access to the DIFC SCT via video link. So you can access the DIFC SCT from a familiar environment with the DMCC team on hand to assist

How do I make use of the video link service from Almas Tower?

In order to use the video link to the DIFC SCT, a DMCC member company or DMCC Food Trade Group member can create a case through  the DMCC Help Centre confirming: they have raised a claim with the DIFC SCT, the date and time of the hearing and that they wish to use the video link from Almas Tower. The DMCC Disputes Centre will then facilitate the administrative side of the hearing arrangement by liaising with the DIFC SCT. This service is provided free of charge to DMCC member companies and DMCC Food Trade Group members.

If the dispute is between two DMCC member companies/DMCC Food Trade Group members, it is DMCC’s policy that only one of the parties can use the video link facility in Almas Tower. The other party will need to attend the DIFC SCT in person. This is because it is very difficult for a judge to conduct and control a hearing when neither of the parties are present. The DMCC member company/DMCC Food Trade Group member who requests to use the video link service first will get priority.

Click here for more information on the DIFC Small Claims Tribunal.
 

Legal Clinics

What are the Legal Clinics?

The DMCC Disputes Centre has partnered with key providers of legal services to offer our member companies and their employees access to pro bono (free of charge) legal advice.

The DMCC Disputes Centre will match those requiring legal advice with those providing legal services in relation to the following areas of law:

  • Employment
  • Commercial
  • Intellectual Property
  • Real Estate
  • Corporate
  • Disputes

Legal Clinic appointments will operate on the basis of a free of charge 60 minute legal consultation, with the exception of employment matters which is for a 30 minute consultation. Please note that once the free of charge consultation has taken place, should you wish to continue to receive legal services from the legal service provider fees will be payable to the legal service provider. Full terms and conditions will be explained by the legal service provider.

Please note:

  • There are only a limited number of Legal Clinic appointments available each month and these are allocated on a first come first served basis
  • The DMCC Disputes Centre will organise the free of charge consultations only and will not be involved in the provision of legal services or any ongoing arrangement between the legal service providers and users of the Legal Clinics

Who is eligible to use the Legal Clinics?

Any DMCC member company or DMCC member company employee may make a request to use the Legal Clinics.

How do I make a request for legal advice?

DMCC member companies and DMCC member company employees can make a request for legal advice by sending the Request for Advice form  by creating a case through the DMCC Help Centre.

How are appointments allocated?

The DMCC Disputes Centre will match Requests for Advice received by the DMCC Disputes Centre with legal service providers on a first come first served basis. If there is no appointment available in a given month due to high demand, the DMCC Disputes Centre will contact you to ask if you would like your Request for Advice to be considered for the appointments available in the following month.

Please also note that there may be circumstances where none of the legal service providers participating in the Legal Clinics initiative are able to act. This may be because your case is a highly specialist area in which none of the legal service providers has the expertise to provide advice, or the participating legal service provider considers it has a conflict of interest or otherwise believes it will not be in its best interests to provide advice to the Requesting Party. In such cases, the DMCC Disputes Centre will notify the Requesting Party that it has been unable to match the Request for Advice with a legal service provider.

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For further information please contact us by creating a case through the DMCC Help Centre.

Resources

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