Non-judicial mediation for the settlement of civil and commercial disputes – UAE law

As a contribution from our side and for the sake of spreading knowledge and for the enhancement of the legal culture among all segments of society, as well as for the scientific interest and shedding light on the practical and mechanism aspect for those concerned from these segments, we, Bin Mes’har & Co. Advocates and Legal Consultants are pleased to introduce a summary of the Non-judicial mediation which has been regulated by Federal Decree Law No. (6) of 2021 in its third chapter:

The definition of non-judicial mediation:

 The non-judicial mediation is an optional means which has been regulated by the UAE legislature for concluding an amicable settlement for civil and commercial disputes which allows the reconciliation which arises between the parties of the legal relationship whether contractual or non-contractual using a neutral party (mediator) to resolve these disputes amicably.


Non-Judicial Mediation Agreement:

As the name suggests, this type of mediation occurs before parties resort to litigation. To mediate, the parties must submit their mediation agreement and an application to the mediation centre (Centre) stipulated in the Federal Decree Law No. (17) of 2016 or any other local law to resolve these disputes amicably before the filing of the lawsuit.


 The application must include the following:

– Approval of all involved parties to recourse to mediation (including an undertaking from the applicant to attend the mediation and to provide the mediator with the necessary information and documents related to the dispute)

– Subject matter of the dispute.

– Appointment of a Special Mediator, he should be one of those that are registered with the Centre.

– Agreed duration of the mediation, if it does not exceed three months from the date of the mediator’s acceptance of his mission and is renewable for a similar period and for one time only by a decision of the supervising judge based on an agreement concluded by the parties.

– The supervising judge has the same authority as the competent court in terms of estimating mediation expenses, the maximum limit of which is 5% of the value of the subject matter of the dispute, appointing the mediator, receiving the mediator’s reports, and approving the settlement agreement.


Mediation procedures:

– The mediator must notify parties of the mediation sessions by any legal means prescribed by the Law including through electronic means.  

– Parties can attend the mediation sessions in person or through their legal representatives under a special power of attorney and can engage advisors to attend sessions with them, and those who are not involved in the dispute do not attend the mediation session without the consent of all parties.

– In an adequate time before the first session, each party to the dispute must submit a summary of its claim or defence to the mediator accompanied by supporting documents and evidence. The parties are not required to exchange such memos and documents.


Mediation sessions:

During the mediation sessions, the mediator discusses and consults with the parties about the dispute, their requests, and defences, trying to bridge the points of view between them to reach an amicable solution. For this purpose, he may express his opinion if asked by the parties, evaluate the documents and evidence presented by them, and review legal principles. related to the dispute and others to facilitate the mediation process.

– The mediator has the right to organize private sessions with each party separately from the mediation parties, and he is not entitled to disclose to the other party any information that was discussed in that session, except with the approval of the party who authorized it.

– Mediation procedures are confidential, and it is not permissible for the Centre, mediator and parties to invoke them or the documents and information presented in them, or the agreements or concessions made in them by the parties, before any party whatsoever with the consent of all parties or related to a crime.


Termination of Mediation:

Mediation ends in any of the following cases: 

1- A settlement is reached.

2-The parties and the mediator agree to a termination

3- Any party chooses not to continue with the mediation

4- Judicial mediation is deemed ineffective for the dispute

5- A party is absent for two consecutive mediation sessions

6- The deadline for the mediation has lapsed.


In Case the settlement is failed:

If the mediator failed to settle the dispute for any reason within the period specified for him in the referral decision, he shall submit a report to the Centre indicating the failure of the settlement and the extent of the commitment of the parties and their agents to attend the specified sessions and shall give the parties a statement of what has been done in this regard.


 Ratification of the settlement agreement: The mediator must submit the settlement agreement and a report to the Centre for ratification. Once ratified by the supervising judge, such ratification shall not be challenged except by a nullification case to be filed before the court. Following the ratification, the settlement agreement shall be stamped with the writ of execution and can accordingly be executed in the same way as a UAE court judgment.


Our website address is:

What personal data we collect and why we collect it


When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: After approval of your comment, your profile picture is visible to the public in the context of your comment.


If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms


If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.


Who we share your data with

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Your contact information

Additional information

How we protect your data

What data breach procedures we have in place

What third parties we receive data from

What automated decision making and/or profiling we do with user data

Industry regulatory disclosure requirements