Welcome back to Lawgical with Ludmila, where we untangle the legal knots so that you do not have to. I am Ludmila Yamalova, a US qualified lawyer based in Dubai. In each episode, we break down complex law into clear, practical insights that you can actually use. In today’s episode, we will explore Dubai’s new mediation framework and the changes that are set to redefine how disputes are resolved moving forward.
Overview of Law No. 9 of 2025
This shift comes with the recently enacted Dubai Mediation Law, Dubai Law No. 9 of 2025. At a high level, this law amends ten articles of the original Law No. 18 of 2021 on mediation or conciliation in the Emirate of Dubai.
How the new law reshapes the landscape
- Enhances enforceability
- Expands scope
- Clarifies procedure
- Increases oversight
Structural Changes and Authority
From a structural standpoint, these amendments allow the Center for Amicable Settlement of Disputes, known as CASD, to mediate and settle family or personal status disputes, with some exceptions. They also give authorized conciliators or mediators working through CASD or delegated entities the power to ratify settlement agreements so that they become executory documents that are legally enforceable without going through judge ratification.
Why These Amendments Were Needed
There are several reasons that required the modifications and the specific amendments.
Key drivers
- Modernize the legal regime and increase efficiency
- Address limitations in Law No. 18 of 2021 where judicial ratification was still required after conciliation
- Reduce delay, cost, and uncertainty
- Improve effectiveness for family and personal status disputes that often lingered in courts
- Strengthen the perceived weight of mediation which was often seen as voluntary and not always effective
Institutional Momentum Toward Mediation
More broadly, there has been an institutional push toward mediation and other alternative dispute resolution methods. Courts, government bodies, and private firms are calling for faster, cheaper, and less adversarial options. Since 2022, the Legal Affairs Department of Dubai has partnered with the European ADR Center to build mediation capacity in the Emirate by training government employees, lawyers, and the wider business community in mediation skills. It is worth noting that I am now a certified mediator under the same program. This momentum is not limited to onshore Dubai. The DIFC has also introduced reforms that place strong emphasis on mediation. These local reforms align with and build upon broader developments at the federal level.
Federal Context
Today we are focusing on the Dubai mediation framework. Dubai is one of the Emirates in the UAE. At the federal level, there is a nationwide framework within which Dubai operates.
Relevant federal foundation
- Federal Law No. 6 of 2021 sets out a nationwide regime for mediation and conciliation of civil and commercial disputes, including provisions for mediator lists, neutrality, and registration
- Government and professional bodies continue to invest in mediation skills and infrastructure
- Private mediation centers are being formally regulated through licensing, premises requirements, and insurance obligations
- Public awareness is growing and more parties expect mediation to appear in dispute resolution clauses or as a required step before litigation
Comparative Perspective from the United States
It is useful to step back and consider mediation’s role in the West, particularly in the United States. Having practiced in the UAE for many years, I can say that mediation here, until recently, was not prominent and not always effective in bringing parties together. In contrast, in the United States I witnessed and participated in many successful mediations. I have long wished for mediation to become a more integral part of UAE legal practice, which is also why I became certified by the Legal Affairs Department as a mediator. The European Center on ADR that supports the Dubai program bases its techniques on Western mediation systems, specifically the US system.
Why mediation is valued in the United States
- Can save months and even years of litigation
- Reduces costs and preserves relationships
- Maintains privacy which is valuable across industries
- Courts frequently pause proceedings and refer parties to mediation before trial
Illustrative US Case Example
When I practiced in the United States, we had a contract dispute for a client. Both parties had fully briefed their cases, the court proceedings were ongoing, and each side had legal counsel. At some point, the judge paused the case and scheduled mediation. The court required the parties to attempt mediation. The mediator was appointed through JAMS, Judicial Arbitration and Mediation Services. The parties paused court proceedings and undertook mediation.
Why timing mattered
- By that point, documents, disclosures, and depositions were complete
- The court had seen the substance of both sides
- Counsel summarized their cases for a mediator who was new to the dispute and working within a short timeline
- The mediator shuttled between the parties and ultimately brought them to agreement
For today’s discussion, I will stay focused on Dubai’s mediation laws. There was the 2021 law and now the 2025 law. Together they create a framework that is evolving. The point of the US example is to show why mediation is not only helpful but, in some jurisdictions, a mandatory step in many proceedings. By virtue of the recent amendments, we are beginning to see a similar direction in Dubai.
International Technique and JAMS Influence
The current international techniques introduced and taught in the UAE draw on JAMS. JAMS is a private alternative dispute resolution provider based in the United States and widely regarded as the world’s largest private ADR provider. JAMS has built a reputation for highly skilled mediators, often retired judges or senior lawyers, who bring credibility, neutrality, and deep subject matter expertise.
What private mediation means in practice
- A body of qualified individuals serves as mediators
- Not all must be lawyers and can include industry experts such as an IP engineer
- Experienced professionals resolve disputes quickly and effectively
The European Center of Mediation partnered with Dubai in 2022 and is modeled on the JAMS approach. This shows that Dubai’s reforms are part of a broader global trend that treats mediation as a central pillar of modern dispute resolution. Against this backdrop, Dubai’s latest reform takes on greater significance. By drawing from proven international models while addressing local shortcomings, Law No. 9 of 2025 aims to give mediation real bite.
What The New Law Changes
Under the previous framework, Law No. 18 of 2021, mediators had limited authority to make settlement agreements directly executable. Parties still needed judicial ratification which delayed enforcement and weakened mediation’s impact. The new amendments allow the mediator or conciliator to ratify the agreement and make it an executory document without going to court.
Practical effect
- Settlements can be enforced directly without judicial stamping
- No need to relitigate the settlement if a party fails to comply
- Certainty approaches that of a court judgment without procedural hurdles
The previous law also excluded or made optional certain dispute categories, including personal status and family matters and interim or urgent cases. The new law tightens the categories where mediation is mandatory and clarifies exemptions.
Mandatory Conciliation and Article 5
Certain disputes must first pass through CASD or through delegated mediators or conciliators before the court will accept them.
Situations where this applies
- Personal status disputes
- Family related matters
- Cases referred by the President of Dubai Courts
- Disputes where the parties themselves agree to attend mediation first
- Disputes where a prior agreement exists between litigants to pursue mediation as a first step
Practice note
- Personal status disputes such as divorce are already being referred to mediation at the outset
- The court may pause proceedings and send cases to mediation in a manner similar to the United States
- Agreements to mediate in contracts now have a practical path to compel attendance through CASD
Exemptions From Mandatory Mediation
Not all cases can be referred to mediation on a mandatory basis.
Key exemptions
- Urgent interim orders
- Guardianship cases
- Inheritance disputes
- Certain marriage matters
- Divorce verification matters
- Disputes outside the jurisdiction of Dubai Courts
Mediation works best when parties are willing to resolve the dispute, which may not be the case in urgent or highly sensitive matters.
Judicial Oversight and Court Portal
The amendments strengthen the court’s role in overseeing mediation.
Oversight features
- Referrals occur through the court’s electronic case registration system
- A competent judge supervises the process to ensure fairness and accountability
- Mediation is managed within the Dubai Courts portal which is efficient and technologically advanced
Delegation of Functions
CASD can delegate mediation and conciliation functions to government agencies or other authorized entities.
Why delegation matters
- Expands reach and capacity
- Reduces bottlenecks
- Directs specialized disputes to bodies with the right expertise
Examples
- Consumer disputes may go to the economic department or consumer protection
- Family related matters may go to a specialized agency
Enforceability and Formalities
The law strengthens the enforceability of settlement agreements and tightens formalities.
Enforceability and challenge windows
- Conciliators can ratify settlements and issue executory documents directly
- Once parties reach agreement, it carries the force of a court judgment and can be enforced immediately
- Challenges remain available on narrow grounds such as fraud or deception within specified five working day windows
Formal documentation
- Agreements must be recorded in writing and ratified through the mediation system
- Where bilingual agreements are used, the Arabic version prevails in the event of discrepancy
Role of CASD and Authorized Entities
CASD is an existing institution that handles conciliation and amicable settlements. Under the amended law, it has updated powers and obligations. Authorized entities may act as conciliators when delegated and are subject to licensing and regulatory oversight including standards, premises, and insurance.
Process safeguards
- Conciliators must be formally authorized
- Proceedings remain under judicial supervision
- Experts may be engaged for valuations, audits, or special reports
- Timeframes and fees are defined to ensure efficiency and transparency
Case Studies in Practice
Family and personal status dispute
Previously, spouses disputing marital property needed to go to the personal status court and obtain ratification of any settlement. Now the case must first go through CASD and specifically the family guidance and reconciliation committee. If agreement is reached with a conciliator, it can be ratified directly as an executory instrument and extra court steps are skipped.
Typical civil claim filed in Dubai Courts
Previously, litigation proceeded immediately and conciliation was optional. Now, if the dispute qualifies under Article 5, the court will refuse to register the case unless parties first attempt conciliation through CASD or an authorized conciliator. The court can pause proceedings and refer parties to mediation.
Business contract dispute
Previously, mediated settlements still required judicial approval for enforceability. Under Law No. 9, if both parties agree and the mediator is authorized, they can sign a mediation agreement that is entered through the Dubai Courts system and approved by the mediator, making it directly enforceable. Challenges are limited to narrow grounds such as fraud or deception.
Practical Implications
What parties and practitioners should expect
- Faster access to enforceable settlements and less reliance on long court proceedings
- More certainty as to whether disputes must go through conciliation
- Greater use of government departments and agencies for dispute resolution through delegation
- More formal procedural requirements on documentation, registration, oversight, and deadlines including specific five working day windows for certain challenges
- A need for lawyers and contracting parties to update agreements to reflect mediation pathways and proper drafting of mediation clauses
- Awareness that mediation may still be required even if contracts are silent
Conclusion and Key Takeaways
Dubai’s new mediation law, Law No. 9 of 2025, introduces six major reforms that reshape how disputes are resolved in the Emirate.
- Mandatory conciliation for certain disputes through the Amicable Settlement Center before courts will hear them
- Exemptions for urgent, sensitive, or out of jurisdiction matters to avoid unnecessary delays
- Judicial oversight through the court’s electronic portal with a competent judge supervising the process
- Delegation of functions to government agencies and authorized private entities to expand capacity
- Strong conciliation powers, including the ability to ratify settlement agreements and issue executory documents, making outcomes directly enforceable
- Formalities and language rules requiring agreements to be recorded properly, with Arabic prevailing in case of discrepancy
Together, these changes elevate mediation from a secondary option to a central pillar of dispute resolution in Dubai. The reform is substantive and aligns with global best practices. For individuals, businesses, and legal advisors, this law demands careful process design, stronger preparation, and a clear understanding of which disputes now fall under mandatory alternative dispute resolution. Success in Dubai’s evolving dispute resolution landscape will depend on how well parties adapt to mediation as the new norm.
That is all for this episode of Lawgical with Ludmila. If you found this episode useful and you like what we do, you can find more on our website at lylawyers.com. We are also on Apple Podcasts and Spotify. For the full experience, you can watch our video podcast on YouTube. Until next time, stay informed, stay safe, and keep things Lawgical.
