In recent years, mediation and conciliation have increasingly been utilized in the UAE to resolve civil and commercial disputes. Parties can choose to engage in mediation voluntarily, or it may be mandated by the Court. For certain types of disputes, the law requires parties to attempt conciliation before initiating a lawsuit. The procedures and rules for mediation and conciliation in civil and commercial matters are governed by Federal Decree Law No. 40 of 2023.

In 2022, the UAE introduced a significant update to its criminal justice system with the enactment of Federal Decree Law No. 38 of 2022, Criminal Procedures Law (CPL).This new legislation brought a notable shift by incorporating reconciliation, mediation, and settlement methods for criminal cases (Articles 348-382). This change promotes alternative approaches to conflict resolution, encouraging more amicable solutions within the criminal justice system.

A key development from the CPL is the empowerment of the Public Prosecution to initiate mediation through a third-party mediator before a case is referred to the Criminal Court. This process, applicable in cases where reconciliation or withdrawal is possible, is voluntary and requires the consent of all parties involved. The Public Prosecution decides whether to pursue mediation based on the case's facts and circumstances, focusing on whether mediation can offer appropriate compensation to the victim or mitigate the crime's impact.

In July 2024, a Decision No. 341 of 2024 was issued by the UAE Minister of Justice to further regulate the role of mediators in criminal cases (Decision). This decision outlines the role of mediators in facilitating disputes between victims and accused individuals under the supervision of the Public Prosecution. The Decision introduce several key elements:

Mediator Qualifications: Article 3 of the Decision specifies initial conditions for mediators to qualify or register. In addition, mediators must complete initial training and participate in regular refresher courses to maintain their skills and ensure compliance with legal standards(Article 6). However, experienced mediators are selected from certain categories based on a decision by the Minister of Justice (Article 4).

Enforcement and Compliance: If a mediator fails to meet their obligations, the competent authority is empowered to take necessary actions against them (Article 10). Additionally, if a mediator loses any of the specified qualifications, their registration may be cancelled (Article 9).Decisions made by the competent unit at the Ministry of Justice can be appealed to the Assistant Undersecretary of the Ministry, as stated in Article 11.

Mediator’s fees: The mediator's fees will be determined in the mediation agreement, considering specific criteria and factors outlined in Article 12. This article also includes a table with fee estimates that vary depending on the type of crime subject of the mediation.

The Decision marks a significant step forward in enhancing the efficiency of the judicial system, promoting justice in a more amicable and tolerant manner. It aims to ensure that mediators are well-qualified and adhere to high professional standards, thereby fostering effective and just resolution of criminal disputes.

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