Introduction to How to Start a Mediation in UAE

This publication addresses the very practical aspects on how to start a mediation in Dubai and UAE – even when you have no contact with other party.

When a disagreement arises — whether between business partners, spouses, employers and employees, or landlords and tenants — mediation can be an effective and dignified way to find resolution. But how exactly does one begin the mediation process in Dubai or elsewhere in the UAE?

Many parties are unsure where to start: Do they need to agree in writing? Must a lawyer initiate it? What role do ADR (Alternative Dispute Resolution) institutions play? This guide explains the steps to start mediation, including how to proceed when direct contact with the other party is not possible, and what to expect in terms of process and costs.

1. Step One: Agreement to Mediate

The first step in any mediation is agreement — both parties must be willing to mediate. Mediation is voluntary, unless a contract specifically requires it. In such case what it would be required is to give it a try but not to agree on any particular terms.

You can start mediation in two ways:

By direct agreement: The parties mutually decide to mediate and jointly select a mediator or a mediation centre.
Through legal representatives: Often, one party’s lawyer contacts the other side to propose mediation before filing a claim or during proceedings.

In either case, a Mediation Agreement is usually signed. It defines the scope of the dispute, confidentiality terms, mediator appointment, language, and cost-sharing arrangements.

2. What If You Don’t Have Direct Contact with the Other Party?

In many situations, communication between the parties has broken down — for example, after a contract termination, a partnership dispute, or a family separation. In such cases, you can still start mediation by approaching a recognised ADR institution directly.

How It Works

You (or your lawyer) submit a Request for Mediation to the chosen institution, such as the Dubai International Arbitration Centre (DIAC), the DIFC Courts, or the ADGM Arbitration Centre.
- The request includes basic details about the dispute, the identity of the other party, and your willingness to mediate.
- A small registration fee is paid to initiate the process with DIAC (USD 2,000), with DIFC, for example, the registration fee is included in the mediation fee.
The institution then contacts the other party formally — usually by email and courier — inviting them to participate in mediation.
If the other party accepts, the institution assists with:
- Appointing a mediator (or allowing parties to choose one),
- Setting administrative fees and timelines, and
- Coordinating the first mediation session.
If the other party declines or does not respond, the mediation simply does not proceed — but your good-faith attempt to resolve the dispute amicably may later be recognised by a court or tribunal.

Why This Approach Helps

It avoids the discomfort or impracticality of contacting the other side directly.
It shows good faith and professionalism, especially in commercial or employment contexts.
The institution’s neutral invitation often encourages participation, as it signals a formal yet non-confrontational opportunity to resolve matters.

3. Step Two: Choosing a Mediator or Institution

In the UAE, mediation can be conducted privately or through an ADR institution.

Private Mediation

Parties may appoint a mediator directly — for example, through Rubert & Partners, where mediators are legally qualified and experienced in both commercial and family matters. Private mediation offers greater flexibility in scheduling, language, and confidentiality.

Institutional Mediation

Several UAE institutions administer mediation under their own rules:

Dubai International Arbitration Centre (DIAC) – under the DIAC Mediation Rules.
DIFC Courts – offering non-court connected and court-connected institutional mediation.
Abu Dhabi Global Market (ADGM) – with court annexed mediation services.
Dubai Family Court / Family Guidance Section – for family and custody disputes before litigation. In reality this option sets the space for parties to consider settling on amicable terms but it does not offer mediation sessions in the sense envisioned by DIAC, DIFC or ADGM Courts.

These institutions maintain panels of qualified mediators and provide standard procedures, fee structures, and enforceability mechanisms.

4. Step Three: Preparing for the Mediation

Once a mediator is appointed, the parties (and their lawyers, if involved) provide a short case summary and relevant documents. The mediator may hold a preliminary call or meeting to explain the process and schedule.

Mediation can be conducted in person or online, often lasting one full day or several shorter sessions.

Each party should come prepared with:

A clear understanding of the issues and desired outcomes,
Supporting facts and documents, and
The authority to make decisions and settle. This is particularly important when companies are involved.

5. Costs of Mediation in the UAE

Mediation is significantly more cost-effective than arbitration or litigation.

Private Mediation Fees

Typically range between USD 3,000 to USD 20,000 depending on complexity and duration.
Costs are usually shared equally between the parties.
Lawyers’ fees, if applicable, are charged separately.

Institutional Mediation Fees

ADR Centres such as (DIAC or DIFC) charge fixed registration and administrative fees.
Family mediation through the Dubai Family Court or Family Guidance Section is often free or priced within the court costs of filing for a divorce to encourage amicable settlements.

6. The Role of Lawyers in Mediation

Lawyers play a supportive and facilitative role in mediation. They help:

Evaluate whether mediation is suitable,
Draft or review the Mediation Agreement,
Prepare legal and factual summaries, and
Ensure that any settlement reached is clear, fair, and enforceable.

Their presence can give parties confidence and structure, while keeping discussions solution-oriented.

7. After the Mediation: Settlement and Enforceability

If the parties reach an agreement, it is recorded in a Settlement Agreement, signed by both sides. Depending on the context, it can then be:

Enforced contractually, or
Ratified or converted into a consent order or award through an institution or court (DIFC, or ADGM), giving it full legal effect.

If no settlement is reached, the process simply ends — but mediation often narrows disputes, improves communication, and sets the stage for constructive negotiation or arbitration later. All the information exchanged in a mediation is privileged in the sense that it cannot be used as evidence in court or arbitration proceedings.

Conclusion on How to Start a Mediation in the UAE

How to start a mediation in the UAE is a straightforward process — even when communication between parties has broken down. Whether initiated directly or through an ADR institution, mediation provides a structured, confidential, and cost-effective path toward resolving disputes while preserving valuable relationships.

At Rubert & Partners, our mediators assist clients from the first step to final agreement, ensuring the process remains professional, transparent, and productive. Because every dispute deserves a fair conversation — and every conversation can lead to resolution.

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We hope this guide helps you understand how to start a mediation in Dubai. If you have questions about your specific situation, we are here to assist.

For more practical content in English, explore our Publications and the Videos by our Partner, Maria Rubert.

Disclaimer: The information on this page is general and not legal advice. Please seek tailored legal advice for your case.