DIFC Courts
  • Part 1

    Citation, Commencement, Application And The Overriding Objective

  • Part 2

    Interpretation

  • Part 3

    Organisation Of The Court

  • Part 4

    The Court’s Case Management Powers

  • Part 5

    Forms

  • Part 6

    Court Documents

  • Part 7

    How To Start Proceedings — The Claim Form

  • Part 8

    Alternative Procedure For Claims

  • Part 9

    Service

  • Part 10

    Responding To Particulars Of Claim — General

  • Part 11

    Acknowledgment Of Service

  • Part 12

    Disputing The Court’s Jurisdiction

  • Part 13

    Default Judgment

  • Part 14

    Setting Aside Or Varying Default Judgment

  • Part 15

    Admissions

  • Part 16

    Defence And Reply

  • Part 17

    Statements Of Case

  • Part 18

    Amendments To Statements Of Case

  • Part 19

    Further Information

  • Part 20

    Addition And Substitution Of Parties

  • Part 21

    Counterclaims And Other Additional Claims

  • Part 22

    Statements Of Truth

  • Part 23

    General Rules About Applications For Court Orders

  • Part 24

    Immediate Judgment

  • Part 25

    Interim Remedies And Security For Costs

  • Part 26

    Case Management

  • Part 28

    Production Of Documents

  • Part 29

    Evidence

  • Part 30

    Witnesses, Depositions And Evidence For Other Courts

  • Part 31

    Experts And Assessors

  • Part 32

    Offers To Settle

  • Part 33

    Payments Into Court

  • Part 34

    Discontinuance

  • Part 35

    Miscellaneous Provisions Relating To Hearings

  • Part 36

    Judgments And Orders

  • Part 37

    Change Of Legal Representative

  • Part 38

    General Rules About Costs

  • Part 39

    Fixed Costs

  • Part 40

    Procedure For Detailed Assessment Of Costs

  • Part 41

    Proceedings By Or Against The Centre, Its Bodies And The Government

  • Part 42

    Judicial Review

  • Part 43

    Arbitration Claims

  • Part 44 Amended Appeals

    AMENDED Appeals

  • Part 44 Former Appeals

    FORMER Appeals

  • Part 45

    General Rules About Enforcement Of Judgments And Orders

  • Part 46

    Charging Orders, Stop Orders And Stop Notices

  • Part 47

    Attachment Of Future Assets And Earnings

  • Part 48

    Execution Against Assets

  • Part 49

    Court’s Power To Appoint A Receiver

  • Part 50

    Orders To Obtain Information From Judgment Debtors

  • Part 51

    Interpleader

  • Part 52

    Contempt Of Court

  • Part 53

    Small Claims Tribunal

  • Part 54

    Insolvency Proceedings

  • Part 55

    Probate Rules

  • Part 56

    Technology And Construction Division

  • Part 57

    Non-Muslim Wills Registry

Part 27

Alternative Dispute Resolution 27.1 - 27.10

27.1

While emphasising its primary role as a forum for deciding civil and commercial cases, the Court encourages parties to consider the use of alternative dispute resolution (such as, but not confined to, mediation and conciliation) as an alternative means of resolving disputes or particular issues.

27.2

Whilst the Court remains an entirely appropriate forum for resolving most of the disputes which are entered in the Court , the view of the Court is that the settlement of disputes by means of alternative dispute resolution :

(1) significantly helps parties to save costs;

(2) saves parties the delay of litigation in reaching finality in their disputes;

(3) enables parties to achieve settlement of their disputes while preserving their existing commercial relationships and market reputation;

(4) provides parties with a wider range of solutions than those offered by litigation; and

(5) is likely to make a substantial contribution to the more efficient use of judicial resources.

27.3

The Judges will, in appropriate cases, invite the parties to consider whether their dispute, or particular issues in it, could be resolved through alternative dispute resolution .

27.4

Legal representatives in all cases should consider with their clients and the other parties concerned, the possibility of attempting to resolve the dispute or particular issues by alternative dispute resolution and should ensure that their clients are fully informed as to the most cost effective means of resolving their dispute.

27.5

Parties who consider that alternative dispute resolution might be an appropriate means of resolving the dispute or particular issues in the dispute, may apply for directions at any stage, including before service of the defence and before the case management conference.

27.6

At the Case Management Conference, if it should appear to the Judge that the case before him or any of the issues arising in it are particularly appropriate for an attempt at settlement by means of alternative dispute resolution , but that the parties have not previously attempted settlement by such means, he may invite the parties to use alternative dispute resolution .

27.7

The Judge may, if he considers it appropriate, adjourn the case for a specified period of time to encourage and enable the parties to use alternative dispute resolution . He may for this purpose extend the time for compliance by the parties or any of them with any requirement under the Rules or any order of the Court .

27.8

The Judge may further consider in an appropriate case, making a alternative dispute resolution order in the terms set out in the Schedule to this Part.

7.9

The Court will not recommend any individual or body to act as a neutral.

27.10

At the Case Management Conference or at any other hearing in the course of which the Judge makes an order providing for alternative dispute resolution , he may make such order as to the costs that the parties may incur by reason of their using or attempting to use alternative dispute resolution as may in all the circumstances seem appropriate.

For better web experience, please use the website in portrait mode