The Federal Supreme Council of the Judiciary recently announced a comprehensive legislative overhaul that transforms how civil and commercial disputes are handled. By moving away from traditional litigation as the "first and only" resort, the UAE is fostering a more flexible, cost-effective, and secure legal environment for investors and citizens alike.

At the heart of this evolution is Federal Decree-Law No. (40) of 2023. This law serves as the master blueprint, and its implementation has now been fully activated through eight strategic resolutions.

These resolutions bridge the gap between legislative intent and operational excellence. Here is the breakdown of the new framework:

1. Decentralized Access to Justice

Resolution No. (90) of 2025 decentralizes the ADR process by establishing specialized centers in Ajman, Fujairah, Umm Al Quwain, and Dibba Al Fujairah. These centers are designed to handle disputes locally, ensuring that effective mediation is accessible across the Emirates.

2. A Standardized Process for Judicial & Consensual Mediation

Resolution No. (18) of 2025 is perhaps the most critical for practitioners. It outlines:

● Enforcement: Settlement agreements now carry the same executory force as judicial judgments.

● Mechanisms: Clear procedures for selecting mediators, fee structures, and session management.

● Digital Platforms: The formal launch of an electronic platform to handle cases from referral to settlement.

3. Oversight, Ethics, and Professionalism

To ensure the integrity of the system, several resolutions focus on the "human element" of mediation:

● Admission & Quality (Res. 19): Establishes a Committee within the Judicial Inspection Department to manage the registration and renewal of mediators.

● Training & Conduct (Res. 20, 91, & 92): These resolutions mandate rigorous training, define the Code of Professional Conduct, and require insurance for mediators.

● Discipline (Res. 711): Provides a robust framework for investigating violations, ensuring that "alternative justice" never means "compromised standards."

4. Digital-First: The Remote Revolution

In line with the State’s digital transformation agenda, Resolution No. (710) of 2025 formalizes remote mediation.

● Identity Verification: Sessions are secured using UAE PASS or Emirates ID.

● Confidentiality: Strict prohibitions against recording or photographing sessions are in place to protect sensitive commercial data.

This framework aligns directly with Sustainable Development Goal 16 (Peace, Justice, and Strong Institutions) and the "We the UAE 2031" vision, which aims to build a pioneering, high-performance judicial system that keeps pace with global transformations.

The Takeaway for Businesses

For organizations operating in the UAE, this framework offers a predictable and professional path to resolve disputes without the traditional "burn" of long-term litigation. Mediation is now a sophisticated, legally binding, and digitally-enabled reality.

‍