Mediation in United Arab Emirates

Quick Facts

• Legal Framework: The United Arab Emirates has a comprehensive ADR framework with the UAE Mediation Law providing for judicial or court referred mediations. Competent courts may refer disputes to mediation at any stage...
• Cultural Approach: The UAE's cultural approach to mediation reflects Islamic principles of reconciliation (sulh) and harmony. The tradition of resolving disputes through consultation and mediation aligns with cultural v...
• Typical Costs: Mediation costs in the UAE are determined by the court's referral decision which specifies costs and cost allocation. The DIFC Mediation Service Centre offers template mediation terms to avoid protrac...

Mediation Research

Legal Framework

The United Arab Emirates has a comprehensive ADR framework with the UAE Mediation Law providing for judicial or court referred mediations. Competent courts may refer disputes to mediation at any stage of proceedings based on court request with parties' consent, parties' request, or for implementing a mediation agreement. The court's referral decision specifies parties' consent, undertaking to attend mediation sessions, arrangements for providing mediator with relevant information, subject of mediation, duration, and costs. Parties may also agree to resort directly to institutional or ad-hoc mediation prior to litigation or arbitration. The UAE Onshore Courts, DIFC Courts, and ADGM all provide ADR procedures. The DIFC launched a Mediation Service Centre on September 2, 2025, as part of a strategy to enhance access to justice and provide efficient alternatives to litigation.

Court System

UAE courts actively support ADR through court referred mediation. Competent courts can refer disputes to mediation at any stage of proceedings. The court's referral decision cannot be appealed once issued. Mediators can be appointed by parties through mediation agreement or by competent court from a list maintained by the Federal Judicial Inspection Department or local judicial authority, consisting of retired judiciary members, practicing and non-practicing advocates, and experts registered with the Ministry of Justice. DIFC Courts encourage but do not compel parties to consider ADR mechanisms under Part 27 of the RDC. ADGM Courts can make orders referring disputes to court annexed mediation at any stage where mediation appears appropriate, even without party consent.

Mediator Regulations

Mediators in the UAE can be appointed by parties through mediation agreements or by courts from official lists maintained by the Federal Judicial Inspection Department or local judicial authorities. The mediator pool consists of retired members of the judiciary, practicing and non-practicing advocates, and experts registered with the Ministry of Justice. The DIFC Mediation Service Centre offers a pool of DIFC-registered, specially trained mediators. Professional standards and qualifications are regulated by the respective judicial authorities and mediation centres. Mediators must adhere to confidentiality requirements and ethical standards established by the UAE Mediation Law.

Cultural Approach

The UAE's cultural approach to mediation reflects Islamic principles of reconciliation (sulh) and harmony. The tradition of resolving disputes through consultation and mediation aligns with cultural values of preserving relationships and avoiding confrontation. The multi-cultural expatriate population influences mediation practices, with cultural sensitivity being important. The emphasis on privacy and face-saving in Arab culture suits the confidential nature of mediation. The government's active promotion of ADR reflects a modern approach to dispute resolution while respecting traditional values.

Typical Costs

Mediation costs in the UAE are determined by the court's referral decision which specifies costs and cost allocation. The DIFC Mediation Service Centre offers template mediation terms to avoid protracted negotiations on terms. Institutional mediation centres like the DIFC and ADGM have their own fee structures. Court-referred mediation may have subsidized costs. The costs calculator and tables are available through the ATPA for arbitration. The emphasis on efficient, cost effective alternatives to litigation is a key feature of the UAE ADR framework. Specific fee amounts vary by institution and case complexity.

Sources

• United Arab Emirates - Global Guide to Alternative Dispute Resolution (organisation)
• Mediation | The Official Platform of the UAE Government (government)
• ADR in the United Arab Emirates: Proactive Dispute Management (organisation)
• Alternative Dispute Resolution Procedure (ADR) in United Arab Emirates (organisation)
• New York Convention - United Arab Emirates (organisation)
• Singapore Convention on Mediation - Jurisdictions (organisation)

States and Regions