The Occupation of Reformers Their Tasks and Their Obligations

The Occupation of Reformers Their Tasks and Their Obligations

The Occupation of Reformers, Their Tasks and Their Obligations
In the Reconciliation and Settlement Centers for the Commercial and Civil Disputes

Reconciliation and Settlement Centers strengthen the state of brotherhood and compassion among members of the society instead of dispute, quarrelsome and separation through the amicable settlement by way of reconciliation and settlement between the parties of the dispute.
Reconciliation and Settlement Centers constitute an alternative solution to the courts and an assistant helps decrease the accumulation of cases in the courts. Hence, the importance of the new law appears as it enforces work of the reconciliation centers with a precise definition for their tasks, and gives a legislative framework for the reformers through determining their employment criteria and their powers clearly. A person who holds a position as a reformer in a reconciliation center must meet the requirements set by the Federal Law number 17 of 2016, Article 7, which states that:
The terms of the reformer occupation and their qualification shall be determined by a resolution from the Minister or head of the local judicial authority, provided they include the following conditions:
1- He has not lost his eligibility or has been convicted of an offense against honor, even if rehabilitated.
2- He shall be known for integrity, impartiality and experience.
3- He shall pass successfully the required courses and tests.
Therefore, Article 7 sets out conditions for joining the reformers’ positions. The appointed reformers and mandatories make the legal oath to perform their work honestly before the Minister or head of the local judicial authority, or the party authorized by them. For their salaries, the Council of Ministers or the competent local authority issues a specific system for salaries of the appointed reformers and mandatories.
Powers of the reformers have been determined in Article 9 which states that:
1- Subject to provisions of Article 11, in order to perform his work; the reformer may review documents, files, records and all evidence and take the proper action without limitation to the civil procedures code, code of legal practice and the working hours.
2- The reformer may use the experts, registered or agreed upon by the litigants, in order to settle the disputes presented to him, to provide the technical expertise. The reformer shall determine the expert fees and the works required to be performed, and shall express his opinion concerning them in accordance with the Law of Evidence in the commercial and civil transactions.
Powers of the reformers, according to the aforementioned Article are reviewing documents and records in order to achieve his work, taking the proper actions in order to achieve tasks of the center and assigning technical experts to achieve good flow of work, but these powers are conditional on avoiding prohibitions determined by law, as per Article 10 which states that:
The former may not:
1- Accept to be an attorney in a litigation against any of the parties in the dispute, subject of reconciliation or its branches, even after completion of the reconciliation procedures.
2- Testify against one of the dispute parties or disclose a secret entrusted to him or knew through the reconciliation proceedings unless the concerned party agrees or the parties agree on otherwise, except if the testimony or the secret is related to a crime.
3- Perform the role of a reformer in a dispute one of its parties is his relative until the fourth degree.
In conclusion, and upon this precise definition for the reconciliation centers’ way of work in terms of choosing the reformers carefully and upon specific terms, and then to determine their duties and obligations, the legislator has taken an essential step in strengthening the system of reconciliation as a main supporter to courts. The aim is to protect the rights of their owners within the framework of an amicable settlement without controversy or separation.

Attorney/ Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE

“The Occupation of Reformers Their Tasks and Their Obligations”