Mediation in the UAE

Analysis

There are a number of formal types of mediation in the UAE and sometimes disputing parties adopt informal mediations in order to try to resolve their disputes. In this article Clare Raven of Hadef & Partners will consider the more frequently used types of mediation deployed in the UAE with a particular focus on Dubai. This is not intended to be an exhaustive discussion of all types of mediation.

Compulsory mediation

The DIFC Court

The DIFC Court actively encourages parties to settle their disputes. The DIFC Court Rules (RDC) provide:

“RDC27.1

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

The pro-reconciliation attitude of the DIFC Court continues with an explanation of why reconciliation is a good idea.

“RDC27.2

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 justice by reconciliation: