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Is Mediation Mandatory Before Filing Certain Lawsuits in Dubai?
Is mediation mandatory before filing certain lawsuits in Dubai?
Explanation of the amendments to the Law Regulating Mediation for 2025
As part of the development of the justice system and the promotion of amicable dispute resolution, the Emirate of Dubai issuedLaw No. (9) of 2025amending certain provisions of Law No. (18) of 2021 regarding the regulation of mediation. The amendments aim to broaden the scope of amicable settlement and organize its procedures in a more flexible and efficient manner, contributing to the expedited resolution of disputes and reducing reliance on traditional litigation.
Our office's team reviews in this article the most significant amendments and what they practically mean for individuals and companies alike.
First: What is meant by mediation in law?
The law defines mediation as an alternative dispute resolution method through which a friendly settlement is reached between the parties under the supervision of the relevant authorities or authorized entities, leading to the resolution of the dispute without the need for a judicial ruling.
Second: What are the main new amendments for 2025?
1. Expanding the scope of disputes subject to mediation
The law mandates presenting several disputes for mediation before filing a lawsuit in court, including:
- Disputes specified by the head of the courts.
- Personal status disputes that can be mediated.
- Disputes that the parties agree to submit to the amicable settlement center.
- Lawsuits that the court decides to refer to mediation during its consideration.
2. Enhancing the role of the Family Reconciliation and Guidance Committee
The amendments confirmed that personal status disputes are referred to the Family Reconciliation and Guidance Committee according to the approved procedures before proceeding with the lawsuit, as long as mediation is legally permissible.
3. Granting the mediation agreement the power of an executive document
One of the most important practical amendments is that the settlement agreement — after its approval, fulfillment of legal conditions, and being appended with the executive formula — acquires the power of an executive document and can be executed directly without the need for a court ruling.
A successful settlement has become equivalent to a court ruling in terms of enforceability, making it a real and effective option, not just a formal procedure. A party that refrains from executing the settlement agreement can be compelled to do so directly.
Third: When is it not permissible to present the dispute for settlement?
The law has excluded certain matters from the settlement procedures, the most important of which are:
| Excluded matter | Reason |
|---|---|
| Disputes in which the government is a party | The nature of the governmental party and the specificity of its representation |
| Urgent requests and temporary orders | The need for immediate judicial intervention |
| Claims for alimony, custody, and urgent guardianship | The humanitarian and urgent nature of these rights |
| Inheritance and wills matters within the prescribed limits | Their connection to non-transferable rights |
| Claims to prove marriage or divorce | Their evidentiary nature before the judiciary |
Fourth: Can a lawsuit be filed directly before the court?
In cases where the law requires passing through the settlement stage first, it is not permissible to register it directly before the court without presenting it to the amicable settlement center or the family reform and guidance committee or the competent authority as appropriate. If the lawsuit is registered without fulfilling this condition, it may be referred to the competent authority for settlement before proceeding with it judicially.
Fifth: What is the effect of a successful settlement?
If the parties reach an agreement, a written settlement agreement is drafted, signed by the parties, approved by the relevant authorities, and appended with the executive formula. This results in:
- The dispute being definitively resolved.
- The subject matter cannot be reintroduced before the judiciary between the same parties.
- The possibility of direct execution of the agreement as an executive document.
Sixth: The prescribed fees
In the event of a successful settlement and the adoption of the agreement, no additional fees will be charged other than the initially paid registration fee — making settlement an excellent economic option compared to the costs of traditional litigation.
Important legal tips
- Consider the possibility of settlementbefore deciding to file a lawsuit, especially in commercial and family disputes.
- Consult a lawyerwhen negotiating the terms of the settlement to ensure your rights are fully protected.
- Review the terms of the agreement carefullybefore signing, as it is difficult to challenge it later.
- Ensure that all rights and obligations are includedin the agreement in clear and specific wording.
- Keep a copy of the executive agreementfor use when needed for enforcement.
The role of the lawyer in settlement procedures
- Assessing the opportunities for amicable settlement and their suitability for each case.
- Negotiating with the other party to reach a balanced agreement.
- Drafting the settlement agreement in a legally sound manner that protects the client.
- Reviewing the legal implications of the agreement before signing.
- Following up on the adoption of the agreement and affixing it with the executive formula.
Frequently Asked Questions
Is settlement mandatory before filing certain lawsuits?
Yes, for the categories specified by law, the dispute must be presented for settlement before filing the lawsuit in court. Filing the lawsuit without fulfilling this condition may lead to its referral to the competent settlement authority before proceeding with it.
Is the settlement agreement binding and enforceable?
Yes. Once adopted and affixed with the executive formula, the settlement agreement acquires the power of an executive deed, meaning it can be enforced compulsorily without the need to file a new lawsuit.
Can the settlement agreement be challenged after signing?
In principle, it cannot be challenged, except in narrow exceptional cases such as fraud, misrepresentation, or defects in consent, and within the legally specified time limits.
Does the settlement include personal status disputes?
Yes, in cases where reconciliation is permissible, personal status disputes are presented to the Family Reconciliation and Guidance Committee before proceeding with the lawsuit.
What is the fee for registering a dispute at the amicable settlement center?
The law sets the registration fee at 250 dirhams, and no additional fees are charged upon successful reconciliation and approval of the agreement.
Summary
- Reconciliation has become mandatory before registering certain lawsuits in Dubai under the 2025 amendments.
- The reconciliation agreement acquires the strength of an executive document and is executed directly after its approval.
- Personal status disputes go through the Family Reconciliation and Guidance Committee first.
- The registration fee is only 250 dirhams — a low cost compared to traditional litigation.
- Some matters are exempt from reconciliation, such as urgent requests and marriage validation lawsuits.
If you are facing a dispute and wondering about the feasibility of reconciliation, its procedures, or its legal effects, our office team is fully prepared to provide the necessary assistance.