Finding amicable solutions to workplace disputes is essential to avoid negative consequences. One such solution is workplace dispute mediation, which is becoming increasingly popular in the UAE.
With the introduction of the mediation process by the Ministry of Human Resources and Emiratisation (MoHRE), the mechanism for settling employment-related conflicts has undergone a notable transformation.
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What is Workplace Dispute Mediation?
Mediation in employment disputes is a process where a neutral third party helps the disputing parties to resolve their issues through discussions, negotiations, and compromise. It is an effective alternative to litigation and is often less expensive and time-consuming.
Workplace conflict mediation involves a trained mediator who facilitates communication between the parties involved, identifies the issues, and guides them towards a mutually acceptable solution.
How Does Workplace Conflict Mediation Work in the UAE?
The UAE has robust laws and regulations in place to protect the rights of both employers and employees. The Ministry of Human Resources and Emiratisation (MOHRE) provides guidelines and mediation services for all workplace-related issues.
MOHRE offers two types of mediation, one for disputes filed by the employee and the other for disputes filed by the employer.
When a dispute arises, either party can file a complaint with MOHRE. The complaint is then examined, and both parties are invited to attend a mediation session with a MOHRE Workforce Affairs team member.
The mediator helps facilitate discussions, identify the issues, and guide the parties towards a mutually acceptable solution.
Benefits of Dispute Mediation
- Confidentiality. Mediation is usually private and confidential, allowing the parties to speak openly without fear of repercussions.
- Cost-effective. Mediation is typically less expensive than litigation, as it does not involve lengthy court proceedings.
- Time-saving. Mediation sessions are usually scheduled within a few weeks of filing the complaint, and the process is often resolved within a few sessions.
- Preserves relationships. Mediation helps to preserve relationships between employers and employees, as it is a collaborative and cooperative process.
New Mediation Process UAE
Effective January 1, 2024, New Law No. 20 of 2023 empowers the MoHRE to adjudicate employment disputes valued at less than AED 50,000.
This development extends the scope of workplace dispute mediation to encompass conflicts between employers and workers, as defined in the UAE Labour Law.
Applicability of the Amendment
The new process applies to disputes valued at less than AED 50,000, encompassing both employers and workers defined under the UAE Labour Law.
Notably, free zones maintain their jurisdiction over disputes falling within their remit, subject to their respective dispute resolution mechanisms.
Claims Below AED 50,000
From January 1, 2024, the MoHRE can issue final decisions on disputes below AED 50,000. Moreover, it holds jurisdiction over breaches of settlements previously reached before the MoHRE, irrespective of the settlement value.
Parties dissatisfied with the MoHRE’s decision may file an appeal within 15 working days, with the Labour Court of Appeal serving as the appellate body.
Claims AED 50,000 and Above
Disputes exceeding AED 50,000 follow the existing procedure, commencing with mediation by the MoHRE and escalating to the Labour Court’s Court of First Instance if unresolved.
Dubai Development Authority Workforce Affairs Mediation
In navigating the intricacies of employment disputes, the Dubai Development Authority (DDA) offers invaluable guidance and mediation services.
Committed to facilitating amicable resolutions, DDA’s Employment Disputes team collaborates with stakeholders to address a myriad of workplace-related issues.
FAQs about dispute mediation
Conclusion.
Dispute mediation is an effective way to resolve disputes between employers and employees. It is a private, cost-effective, and time-saving process that helps to preserve relationships between the parties involved.
As the UAE embraces the transformative landscape of workplace dispute mediation, the role of the MoHRE and entities like DDA emerges as pivotal in fostering a culture of collaboration and resolution.
With Al Mulla at the helm, individuals and organizations alike can navigate the complexities of employment law with confidence, ensuring equitable and expedient resolutions to workplace disputes.
Contact the office of Al Mulla via Whatsapp. Click here. Or visit us at our law firms: Dubai. You can also call us on phone: 00971501961291.
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A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.