To understand how to start mediation in the UAE, first separate mediation from conciliation. The terms are used interchangeably in everyday conversation, but UAE law treats them as different processes with different rules.
The AED 5 million figure often cited for mediation belongs to conciliation specifically. It also comes with exclusions that should be checked before filing.
So how do you actually start mediation, or conciliation, in the UAE?
Under Federal Decree-Law No. 40 of 2023, mediation under Article 8 is a voluntary, facilitative process for civil or commercial disputes capable of settlement. It can start by mutual agreement or court referral. The mediator helps the parties reach their own agreement rather than proposing one.
Conciliation under Articles 27 to 38 is a separate process through the Mediation and Conciliation Centre. The Centre has exclusive competency over civil and commercial disputes valued at AED 5,000,000 or less, and disputes between spouses or relatives up to the fourth degree regardless of value. Above that threshold, both parties must agree to use the Centre.
Article 28 excludes summary and interim orders, government-party cases, rental disputes, labor cases, and personal status cases. Where Centre conciliation is mandatory, the dispute must go through the Centre before court, and legal time limits are suspended while it is there.
Mediation and Conciliation Are Not the Same Process
Mediation Under Article 8
- Voluntary and facilitative. The mediator helps parties reach their own agreement.
- Available for essentially any civil or commercial dispute capable of settlement.
- No value threshold governs whether mediation is available.
- Initiated by mutual consent or a court order.
Conciliation Under Articles 27 to 38
- A more structured process run through the Mediation and Conciliation Centre specifically.
- The Centre has exclusive competency only for disputes at or under AED 5,000,000, or family-relation disputes regardless of value.
- Above AED 5,000,000, conciliation through the Centre requires both parties to agree to use it.
- Mandatory registration with the Centre applies before certain disputes can be filed in court.
How to Start Mediation in the UAE
- By mutual agreement, the parties can agree directly to mediate a dispute before or after it is formally filed anywhere.
- By court referral, a judge can refer a filed case to mediation, though this is discretionary under current practice rather than automatic.
- Through a private or institutional route, DIAC operates its own separate Mediation Rules, effective 1 October 2023, for commercial disputes seeking an administered, institution-backed process.
Starting Conciliation Through the Centre
Where a dispute is at or under AED 5,000,000, or is between spouses or relatives up to the fourth degree, submitting it to the Mediation and Conciliation Centre is mandatory before the case can be filed in court.
Above that value, the parties can still choose to use the Centre, but only by mutual agreement, either before filing or while the case is already being heard.
What the Centre Cannot Handle Under Article 28
- Summary and interim orders and cases.
- Cases where the government is a party.
- Rental disputes, which are heard by dedicated rental dispute committees instead.
- Labor cases.
- Personal status cases. Actual family law matters, divorce, custody, and inheritance disputes generally fall outside the Centre’s conciliation jurisdiction, even though a civil or commercial dispute between relatives can still qualify under the family-relation provision.
Not sure whether your dispute needs mediation, Centre conciliation, or another route? A UAE lawyer from our team can confirm the right process and file it correctly.
What Happens Once You Start
Where conciliation with the Centre is mandatory, all legal and judicial time limits are suspended from the date the dispute is registered. They resume once conciliation concludes.
If the case does not settle, it is referred back to the appropriate court.
Common Mistakes
- Treating mediation and conciliation as interchangeable when they are governed by different articles with different rules.
- Assuming family or divorce matters fall under the Centre’s conciliation jurisdiction when personal status cases are specifically excluded under Article 28.
- Assuming the AED 5 million threshold applies to mediation generally when it specifically governs the Centre’s conciliation competency.
Relevant Legal Services
A Civil Lawyer in Dubai can advise on civil disputes. Family Mediation Lawyers in Dubai can assist with eligible family mediation matters, while a Litigation Lawyer in Dubai can advise where a dispute proceeds through the courts.
People Also Ask
The right starting point depends on whether the dispute needs general mediation or Centre-specific conciliation with its own threshold and exclusions. A UAE lawyer from our team can confirm the right route for your dispute.
