Family Dispute Resolution
Mediation, Collaborative Law and Arbitration
Filing for a divorce in the UAE begins with a reconciliation process. The Family Guidance, which is the reconciliation entity, determines whether there is sufficient cause for divorce. The conciliator is the adjudicator who establishes whether the causes are sufficient to grant a divorce. The conciliatory process is mandatory under law; therefore, a conciliation proceeding is considered a court proceeding.
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The conciliator’s role is primarily to assist an amicable separation (to reach a settlement agreement). If the terms of the settlement agreement are disputed before or during the conciliation process, the case is referred to a judge of the Family Court.
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If reconciliation is effected before the reconciliation committee (Committee for Family Guidance) the minutes will be signed and authenticated by a competent judge, who has the power of writ of execution. These decisions are not contestable unless they are contrary to the law, for example, granting custody of a child to a neighbour by the parties of such settlement agreement.
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If the conciliator feels that an agreement is not realistically attainable, he refers the case to a judge of the Family court.
