Importance of Mediation in Resolving Family Disputes

Family law disputes in the United Arab Emirates (UAE) often involve personal and emotional issues. Recognizing the need for a sensitive and constructive approach to conflict resolution, the UAE has adopted mediation as an effective means of resolving family disputes.
This article examines the role of mediation in the context of family law informational, supportive legal framework, and benefits for families seeking amicable solutions.

Legal Framework

Mediation in family law matters is facilitated by the UAE’s commitment to alternative dispute resolution mechanisms.
The Constitution Act No. 28 of 2005 on Personal Status (Personal Status Act) and its amendments laid the foundation for the settlement of family disputes through mediation. Additionally, community family guidance centres and centres to provide mediation services have been established.

 The key features of mediation in family law:

Volunteers: In family law, mediation is voluntary, with the parties voluntarily choosing to participate in the process. It ensures that both sides are committed to a mutually acceptable solution. 

Privacy: Mediations are confidential, encouraging an environment where the parties can openly discuss their concerns without fear of publicity. This confidentiality is essential to dealing with challenging family issues. 

The mediator’s neutrality: Mediators play a neutral role, guiding the parties through negotiations without taking sides. This neutrality helps to create an environment conducive to open communication and cooperation. 

Empowerment of stakeholders: Mediation empowers the parties to participate actively in the decision-making process. Unlike traditional court cases where decisions are set, mediation allows individuals to negotiate the outcome, giving them a sense of ownership over the decision.

Relationship Safety: One of the main advantages of mediation is its focus on preserving relationships, especially in family matters. By fostering respectful communication, mediation aims to reduce the negative impact of conflict on family relationships.

Simple and timely maintenance: Mediation is known for its flexibility in dealing with unique family dynamics and formulating solutions to meet the needs of the parties involved. Additionally, the process is generally faster than traditional disputes, leading to timely resolution.

Steps in the mediation process include: 

Introduction and Declaration: The mediation process begins with an introduction to the mediation process, followed by an agreement to participate voluntarily. 
Summary: The mediator gathers information about the family situation, and makes sure that the available information is well understood. 
Open discussion: The parties discuss the matter openly and simply under the guidance of a mediator. This stage encourages the exploration of possible solutions. 
Negotiations and Contracting: Upon discussion, the parties negotiate and reach a mutually acceptable agreement. The mediator helps formalize the issues. 
Conclusions and Applications: After signing a contract, it gets formalized, initiating the process to implement the terms, often accompanied by the inclusion of legal documents.

Mediation emerged as a powerful tool for resolving family law disputes in the UAE, consistent with a cultural emphasis on reconciliation and peaceful resolution. Mediation empowers families to tackle challenges, develops understanding, and preserves and builds relationships by offering a confidential, voluntary, and transitional process.
As the UAE continues to prioritize alternative dispute resolution mechanisms, mediation stands as a testament to the country’s commitment to creating a supportive and compassionate legal system for families in times of conflict.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.