Family Mediation in MENA (Sharia Jurisdictions)
- Shabana Saleem
- Mar 4
- 10 min read
Family Mediation in the UAE and the Middle East: Legal Frameworks and Safeguards
Family mediation remains an important mechanism for resolving family disputes across the United Arab Emirates (UAE) and the wider Middle East. It offers a confidential and efficient alternative to traditional litigation, particularly in sensitive matters such as divorce, child custody, maintenance, and division of assets.
However, the legal status of mediation differs across the region. Some jurisdictions operate a mandatory mediation regime, while others adopt discretionary or voluntary frameworks. This overview examines the regulatory approaches to family mediation across Middle Eastern jurisdictions and highlights the legal safeguards that should be in place to protect parties throughout the process.
What Is Family Mediation?
Family mediation is a voluntary and confidential process in which a neutral third party facilitates communication and negotiation between spouses or family members to resolve disputes.
It differs from reconciliation. While reconciliation seeks to restore the marital relationship, mediation focuses on reaching mutual settlements — whether or not the marriage continues. These settlements may relate to post-divorce arrangements, child custody, maintenance, or property division.
As noted above, the legal status of mediation across the Middle East and the UAE ranges from jurisdictions that require mediation before filing a family case, to those that merely recommend or encourage it.
Mandatory Mediation Systems in the Region
Some Middle Eastern jurisdictions require counselling sessions to explore reconciliation before transition toward mediation before a family case can proceed to court.
Egypt
Under Family Courts Law No. 10 of 2004, mediation through Family Dispute Resolution Offices is a pre-litigation requirement for most personal status disputes. Where settlement is achieved, it is recorded in a signed formal minute that carries the force of an enforceable writ.
Studies also show a strong reliance on both formal and informal (family-based) mediation in Egypt. Many disputes are resolved before judicial adjudication, and women in particular often prefer mediation due to the financial, procedural, and social burdens associated with litigation.
Saudi Arabia
Saudi Arabia places significant emphasis on reconciliation (ṣulḥ), particularly where children are involved. Courts actively encourage reconciliation prior to granting divorce, supported by reconciliation offices operating under the Ministry of Justice. Mediated settlements become legally binding once formally documented and approved by the court.
Oman
Oman does not mandate mediation before initiating divorce proceedings. However, reconciliation is clearly embedded within the judicial process.
Under Sultani Decree No. 97/32 (Personal Status Law), Article 89(c) requires the judge to attempt reconciliation before pronouncing divorce. Article 102 reiterates this approach, providing that if detriment is not proved and conflict continues, the judge must appoint two arbitrators to attempt reconciliation.
Although the law does not expressly distinguish between conciliation and mediation, the emphasis on attempting settlement before dissolution is clear.
Jordan
Jordan’s framework is similar. Articles 126 and 127 of the Personal Status Law require judges to pursue reconciliation before dissolving a marriage.
If reconciliation fails, arbitrators — one from each family — are appointed to attempt settlement. If reconciliation remains impossible, the arbitrators determine the terms of divorce and compensation, which the judge then reviews and ratifies.
Once ratified, these settlements carry the same enforceability as judicial judgments, enhancing confidence in the process.
Bahrain
Bahrain has adopted a more structured institutional approach through Decree-Law No. 22 of 2015 and related ministerial resolutions.
The Family Reconciliation Office, operating under the Ministry of Justice, Islamic Affairs and Awqaf, provides reconciliation, consensual divorce facilitation, and arbitration services within a confidential framework. If settlement fails, disputes are referred to the Sharia Courts, making reconciliation an institutional gateway rather than a binding alternative.
Voluntary or Discretionary Systems
United Arab Emirates
The UAE’s legal landscape continues to evolve. Since 15 April 2025, under Federal Decree-Law No. 41 of 2024, mediation is no longer compulsory before filing a family case. Parties may proceed directly to court unless referred to mediation at judicial discretion. However, local emirates may adopt different frameworks.
For example, Dubai:
Dubai has introduced a more structured conciliation framework under Dubai Law No. 9 of 2025, amending Law No. 18 of 2021.
The amendments mandate conciliation in personal status disputes (subject to limited exceptions) and reinforce the role of the Family Reconciliation and Guidance Committee.
Importantly, settlement agreements reached through conciliation become enforceable once documented in the court system and certified by an authorised conciliator — without the need for separate judicial ratification. Challenges to certification are limited to cases of fraud or deception and must be filed within short statutory timeframes, strengthening legal certainty and finality.
Kuwait & Lebanon
Kuwait and Lebanon provide limited statutory guidance on family mediation, leaving dispute resolution largely to judicial discretion.
Safeguards in Family Mediation
A recurring concern in family mediation is the potential misuse of the process — particularly where one party attempts to obtain admissions or sensitive information for use in later litigation. For mediation to function effectively, safeguards are essential.
In Egypt, for example, where mediation is unsuccessful, procedural reports summarise outcomes without recording admissions. These reports serve a screening function rather than an evidential one.
Jordanian law goes further. Article 8 of the Mediation Law expressly renders mediation statements, concessions, and discussions inadmissible in subsequent litigation. Confidentiality obligations are reinforced through regulations governing Family Reconciliation and Mediation Offices.
In Oman, Decision No. 8/2021 of the Oman Commercial Arbitration Centre and the Personal Status Law impose strict confidentiality obligations, including prohibitions on disclosing or relying on mediation communications without consent. Although specific penalties are not always codified, breaches of confidentiality may give rise to remedies under the Civil Transactions Law.
Preserving Good Faith in the Process
These safeguards are not merely procedural — they are foundational. They ensure that mediation remains a good-faith forum for open negotiation, free from the fear that disclosure will later be weaponised.
Accordingly, confidentiality agreements and NDAs should be standard practice in family mediation across the Middle East and the UAE. Courts should disregard evidence obtained unlawfully, and breaches of mediation confidentiality should give rise to contractual liability.
Conclusion
Family mediation is steadily gaining institutional legitimacy across the Middle East and the UAE, particularly in jurisdictions undergoing reform.
As societies modernise and family structures diversify, mediation offers a dignified, private, and efficient means of resolving deeply personal disputes. To sustain trust in the process, legal frameworks must continue to evolve — supporting enforceable outcomes while safeguarding parties from procedural abuse.
When properly safeguarded, family mediation remains one of the most powerful tools for resolving family disputes while preserving dignity and reducing conflict.
Sources and References:
https://journals.ekb.eg/article_354100_338b70c7becc6ed16fe8ff7552c2ae66.pdf
https://dsr.ju.edu.jo/djournals/index.php/Law/article/view/2247/452
https://dsr.ju.edu.jo/djournals/index.php/Law/article/view/2247/452
Decree-Law No. 22 of 2015 (Bahrain) and Ministerial Resolutions Nos. 84/2015, 47/2016, 111/2018.
Dubai Law No. 9 of 2025 amending Dubai Law No. 18 of 2021, Art. 5(A).
Dubai Law No. 18 of 2021 (as amended), Art. 27.
https://horizon.documentation.ird.fr/exl-doc/pleins_textes/divers17-07/010048687.pdf
Jordanian Mediation Law, Art. 8; Regulation on Family Reconciliation and Mediation Offices.
Decision No. 8/2021 promulgating the Mediation Rules of Oman Commercial Arbitration Centre, Articles 15 and related provisions.
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ORIGINAL
Family Mediation in the UAE and the Middle East
The Legal Landscape and Safeguards
Family mediation is an important mechanism for resolving family disputes across the United Arab Emirates (UAE) and the Middle East, as it offers a confidential and efficient alternative to traditional litigation. However, the legal status of this process differs across these regions, with some jurisdictions adopting a mandatory mediation regime, while others have discretionary frameworks. Hence, this overview will examine the regulatory approaches to family mediation in Middle Eastern jurisdictions as well as what legal safeguards should be undertaken to protect parties throughout the mediation process.
To begin with, family mediation is a voluntary and confidential process in which a neutral third party facilitates communication and negotiation between spouses or family members to resolve disputes. This is different from reconciliation, where restoring the marital relationship is the ultimate purpose, as mediation focuses on reaching mutual settlements on issues such as terms and conditions post-divorce, child custody matters, maintenance, and property division.
As aforementioned, the legal status of family mediation across the Middle East and UAE varies, as it ranges from jurisdictions that mandate family mediation prior to filing a family dispute case, to those that merely recommend mediation as discussed next.
To start with countries having a strict requirement for mediation, Egypt has one of the most formalized family mediation systems in the region. Family Courts Law No. 10 of 2004 mandates mediation through Family Dispute Resolution Offices as a pre-litigation requirement for most personal status disputes. Additionally, where settlement is achieved, it is recorded in a signed formal minute that carries the force of an enforceable writ. Notably, studies also confirm a strong reliance on both formal and informal (family-based) mediation mechanisms in Egypt, with many disputes being resolved before judicial adjudication. In particular, women there also prefer mediation due to the financial, procedural, and social burdens associated with litigation.
Secondly, in Saudi Arabia, there is a strong emphasis on reconciliation (ṣulḥ) in family disputes, particularly when children are involved. This is why courts actively encourage mediation prior to granting divorce, and are supported by reconciliation offices operating under the supervision of the Ministry of Justice. Moreover, in terms of the legal enforceability of mediated settlements, they obtain legal force once they are formally documented and approved.
Thirdly, in Oman, there is no mandate to go through a mediation process prior to initiating divorce proceedings. However, within the process, there is a clear reference made multiple times to ensure that both parties have the chance to reconcile. This is especially mentioned in Sultani Decree No. 97/32 Promulgating the Personal Status Law (“PSL”) (although it does not distinguish between conciliation and mediation) where it is stated under Article 89 (c) that the judge will make an attempt to reconcile the parties involved before pronouncing divorce. The importance of reconciliation is reiterated under Article (102), which states that if detriment is not proved and the conflict continues between the spouses, the judge will then appoint two arbitrators to attempt to reconcile them.
The above is similar to Jordan’s legal framework, as seen via Articles 126 and 127 of the Jordanian Personal Status Law, which require judges to pursue reconciliation before dissolving a marriage, or appointing arbitrators (one from the husband’s family and one from the wife’s family) who shall attempt to reconcile the couple if the judge could not. If reconciliation is impossible, the arbitrators will then rule on the terms of the divorce and any due compensation, which the judge then reviews and ratifies. This means that reconciliated/mediated settlements acquire the same enforceability as judicial judgments, thus enhancing confidence of parties involved.
Lastly, Bahrain has adopted a more structured approach through its framework i.e. Decree-Law No. 22 of 2015 and related ministerial resolutions, and through the Family Reconciliation Office which operates under the Ministry of Justice, Islamic Affairs and Awqaf. This Office provides reconciliation, consensual divorce facilitation, and arbitration services within a framework of confidentiality and privacy. And in case the settlement fails, the disputes are referred to the Sharia Courts, thus making reconciliation as an institutional gateway instead of a binding alternative.
Now for Voluntary or Discretionary Systems such as that of UAE. UAE’s legal landscape for family disputes continues evolving. This is because since 15th April 2025, as per the new Federal Decree-Law No 41 of 2024, mediation is no longer compulsory before filing a family case in the UAE, hence allowing parties to proceed directly to court unless they are referred to mediation at judicial discretion.
However, Dubai has introduced a more structured conciliation framework under Dubai Law No. 9 of 2025, which amended Law No. 18 of 2021. The amendments mandate conciliation in personal status disputes matters (with limited statutory exceptions) and affirmed the critical role of the Family Reconciliation and Guidance Committee in facilitating settlement in family disputes. Most importantly, settlement agreements reached as a result of conciliation will become enforceable once they will be documented in the court system and certified by an authorized conciliator, without the need for separate judicial ratification. Even challenges to this certification are limited as they can only be brought if there was fraud or deception as well as they must be filed within short statutory timeframes, thereby strengthening legal certainty and finality.
For Kuwait and Lebanon, both jurisdictions provide limited statutory guidance on family mediation, and so it leaves dispute resolution primarily to judicial discretion.
A primary concern brought up in family mediation is the potential misuse of the process to obtain admissions or sensitive information by one of the parties for subsequent litigation. Therefore, safeguards are critical and necessary to preserve mediation as a good-faith forum. For example, although this is not explicitly classed as safeguard, in Egypt, if a mediation was unsuccessful, then procedural reports summarizing outcomes and unresolved issues are drafted without recording admissions, which ensures discussions are not used evidentially. Empirical analysis confirms that Egypt’s Family Dispute Resolution Offices function primarily as settlement mechanisms rather than to collect evidence, with the mediation reports they draft only being a procedural screening role.
Strong safeguards can also be seen in Jordanian Law. As per Article 8 of the Jordanian Mediation Law, it expressly calls for the inadmissibility of mediation statements, concessions, and discussions in subsequent litigation. In addition, regulations governing Family Reconciliation and Mediation Offices further impose confidentiality obligations and even procedural timeframes, thus ensuring mediation remains as a protected, non-adversarial process.
Furthermore, in Oman, under decision number 8/2021 of the Oman Commercial Arbitration Centre (“OAC”) and PSL, strict confidentiality, including prohibiting the use or disclosing of information, or admissions from mediation without consent from parties is ensured. While there are no penalties in place for violating these provisions, but if a confidentiality agreement or an NDA is violated, then the affected party has the option for pursuing remedies under the Sultani Decree number 29/2013 promulgating the Civil Transactions Law.
Therefore, these safeguards provide a sense of ease and safety in the mediation process as they ensure it remains a good-faith environment for open negotiations between parties, thus diminishing the fear that disclosure could be used against the other party. Therefore, to maintain good faith and trust in the family mediation process, drafting and signing of confidentiality agreements and NDA’s should be the norm, with the courts disregarding any evidence unlawfully obtained in subsequent litigation. On that note, breaches of mediation confidentiality should also give rise to contractual liability in the Middle East and UAE.
To conclude, family mediation is steadily gaining institutional legitimacy across the Middle East and UAE, particularly in jurisdictions undergoing legal reform. As societies modernize and family structures diversify, family mediation stands as a crucial tool for preserving dignity, privacy, and efficiency in resolving intimate disputes. Accordingly, legal frameworks must evolve to support and protect this process while safeguarding parties from abuse and ensuring enforceable outcomes throughout these regions.
Sources and References:
https://journals.ekb.eg/article_354100_338b70c7becc6ed16fe8ff7552c2ae66.pdf
https://dsr.ju.edu.jo/djournals/index.php/Law/article/view/2247/452
https://dsr.ju.edu.jo/djournals/index.php/Law/article/view/2247/452
Decree-Law No. 22 of 2015 (Bahrain) and Ministerial Resolutions Nos. 84/2015, 47/2016, 111/2018.
Dubai Law No. 9 of 2025 amending Dubai Law No. 18 of 2021, Art. 5(A).
Dubai Law No. 18 of 2021 (as amended), Art. 27.
https://horizon.documentation.ird.fr/exl-doc/pleins_textes/divers17-07/010048687.pdf
Jordanian Mediation Law, Art. 8; Regulation on Family Reconciliation and Mediation Offices.
Decision No. 8/2021 promulgating the Mediation Rules of Oman Commercial Arbitration Centre, Articles 15 and related provisions.
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