I was fortunate to speak on a panel on Family Mediation in Dubai, hosted by the Bar Council who organised the “Family Law in Transition – Disputes across borders” event on 16 September 2025. 

It was one of those rare moments when you pause the everyday legal practice to reflect on the wider picture. This time it was wonderful to focus on the powerful (and foundational) role of mediation in the Middle East and North Africa (MENA) region. 

Family mediation is not a foreign concept parachuted in from Western jurisdictions. Quite the opposite: it’s a practice that runs deep through cultural, legal, and religious traditions – so deep, in fact, that it’s often hiding in plain sight for many litigants and lawyers.

There was so much to discuss from the panel, but the key message (for me) remained that the challenge falls to the mediators to work together and collaborate better with lawyers, advisors and lawmakers to make family mediation the default and not the exception for contentious family matters in the MENA region.

The panel also reminded me that I’ve long owed this topic a proper write-up. So, here’s my whistle-stop tour – drawing from my Master’s in Sharia, my practice in Dubai, and my broader interest in conflict resolution – on how family mediation is uniquely shaped (and perhaps underutilised by family lawyers) across MENA.

Divorce and Disputes Across Cultures

Separation, divorce, co-parenting, and dividing financial resources to fund two separate households is difficult to resolve in any jurisdiction. But in MENA, these challenges intersect with:

• Strong family and community ties,
• Deep religious and cultural values,
• Gender, and
• Legal plurality with the sharia, civil codes, and foreign law applications.

It’s a context where litigation can often do more harm than good. The emotional toll, even for the “winner” in court, is real—something well captured by Frank Sander’s concept of the “multi-door courthouse”, which advocates for alternative dispute resolution (ADR) to reduce emotional trauma in family cases.[1]

Pre-Islamic Arab Practice: Community Wisdom in Family Mediation

Before Islam, mediation (although not labelled as mediation) was part of the community custom and default approach for communities across the region to resolve disputes.

Community elders acted as hukkam (judges or arbiters), helping to resolve familial and inter-tribal disputes. Practices such as Sulh (settlement) and Musalahah (reconciliation) are deeply embedded in Arab tradition. These weren’t just informal chats but formal, respected mechanisms to reduce conflict and restore social balance.

Countries like Jordan still recognise Sulh formally within their justice systems. In the UAE, Sulh remains central to dispute resolution, especially in family matters.

What’s striking is the goal: not simply ending the dispute, but restoring emotional and social closure with the reconciliation aspects (which did not intend that parties would necessarily return to the marriage). However, language and support remain key challenges in the region where the diversity of expats results in a plurality of practices for resolving family disputes that (too often) result in litigation..

Mediation in Islamic Law: Not Just Permissible, but Encouraged

Islamic tradition explicitly supports mediation, both as a spiritual and practical approach to conflict resolution. One of the most cited verses is from Surah An-Nisa (4:35):

“If you fear a breach between the two, appoint [two] arbitrators, one from his people and one from hers. If they desire reconciliation, Allah will cause it between them.”

This principle enshrines not only the right to mediation, but the responsibility to conduct it fairly – with representation from both sides.

A powerful example comes from the Prophet Muhammad (pbuh) himself, who was asked to mediate a tribal conflict over the rebuilding of the Ka’ba. His solution was elegant and fair, reinforcing the trust people placed in neutral figures to resolve disputes.

Another relevant concept is Al-Wasata – an early Islamic notion of independent mediation. It closely resembles modern mediation: an impartial figure intervening to suggest a peaceful solution without imposing judgment.[2]

Modern Practice: Institutionalising Mediation in MENA

MENA countries are increasingly recognising the need to systematise mediation within family law—though their approaches vary widely.

• Dubai, UAE: Law No. 9 of 2025[3] establishes a centralised Mediation Centre[4] to ensure quality, transparency, and efficiency in mediation services. Except in limited cases, family disputes must first go through the Family Guidance Department, particularly where Sharia-based personal status laws apply.
• Abu Dhabi, UAE: For Muslim parties, mediation is generally mandatory through the Family Guidance Committee, unless the expat Muslim couple have opted to apply civil and/or foreign laws. 
• Egypt: Egypt is notable for making mediation a compulsory step before litigation in family disputes. The aim: reduce court backlogs and promote amicable resolution.
• Saudi Arabia: Mediation is strongly encouraged, particularly in cases involving children. However, parties retain discretion and may bypass it.
• Jordan, Lebanon, Oman: These jurisdictions treat mediation as discretionary, not mandatory. Still, courts are increasingly promoting it as a preferred option, especially where emotional dynamics may be worsened by litigation.
  
  

Except for some cases, the rationale behind making mediation a necessary preliminary step is meant to resolve conflicts respectfully without exacerbating the sensitive nature of disputes.

What’s Next? Making Mediation “Fit for Purpose” in MENA

What’s clear is that mediation isn’t foreign to MENA – it’s foundational. But as legal systems modernise, especially with increased foreign residency, cross-border families, and a growing appetite for private resolution, mediation frameworks must evolve. Some areas to watch:

• Standardisation of mediation qualifications and ethics.
• Privacy protections for sensitive family disputes, particularly given concerns surrounding financial disclosure.
• Gender sensitivity in mediator selection and process design.
• Voluntariness vs. Compulsion—how best to encourage parties without forcing them.
  
  

Above all, collaboration amongst mediators, and also between mediators and lawyers is essential. Mediators will need to be less possessive about the practice, and mediation should not be seen as “anti-lawyer.” Rather, lawyers can play a crucial role in preparing clients, drafting durable agreements, and ensuring outcomes are enforceable.

Final Thoughts

The cultural and religious underpinnings of mediation in MENA offer a rich, often under-recognised foundation for resolving family conflict. As legal practitioners, we need to elevate and refine these tools—not simply import new ones.

Mediation in the region is not a soft alternative; it’s a deep, principled practice rooted in centuries of tradition and spiritual wisdom. In a region where family still sits at the heart of social structure, this matters more than ever.

It’s time we stopped viewing mediation as an “option,” and started seeing it for what it is: a core part of the justice system, deserving of investment, respect, and innovation.

[1] Moffitt, Michael L. “Before the Big Bang: The Making of an ADR Pioneer.” Negotiation Journal, vol. 22, no. 4, Oct. 2006, pp. 437–443, https://doi.org/10.1111/j.1571-9979.2006.00112.x.

[2] The History Of Mediation In The Middle East And Its Prospects For The Future by Negin Fatahi.

[3] Article 8, Federal Decree-Law No. (41) of 2024 On the Issuance of the Personal Status Law

[4] Dubai – New Procedures for Dispute Settlement and Enforceability of Settlement Agreements under Law No. 9 of 2025