Every year that number increases, and training judges properly takes time amid significant legal expertise, the Emirati legislature has found a citizen-friendly solution called “amicable law UAE” or “negotiated justice,” compared with other laws. Article 83 Federal Decree-Law No. 38 of forty-eight The UAE Criminal law operates this technique through resolution, arbitration, and criminal concordance. This step is consistent with the standards of Khairallah Law Firm, in providing cost-effective ways to manage your complex legal issues.

The dispute arises when the Public Prosecution as keeper of the criminal case decides upon a settlement (criminal settlement) and also provides this option to the defendant or its legal counsel. The offer will allow the defendant to accept or decline various predefined legal remedies, and penalties generally less punitive than those a court would impose following conviction of all charges. If the defendant performs as promised, then the criminal case ends which is more in keeping with this amicable settlement definition.

Submitting a Dispute to the Centre

In this case, the claimant will have to deliver two written copies of his request at court (on which he shall put down also addresses and subject matter) for something like a postal delivery certification could be drawn up. The claimant must also pay any registration fees where necessary.

Then the request goes to the center for transfer of dispute being examined and adjudicated. If the review is successful, the Center will either approve amicable settlements of disputes Dubai or refer a case to court.

After completing the discovery process, an initial deliberation date will be set for a hearing session where both parties will appear and at that time, the claimant is notified of this date and given notice. The defendant will also be notified as to the date of his first hearing through normal court notices.

Both parties can attend the session in person or send a representative with proper authorization through a Power of Attorney.

Disputes Excluded from the Centre’s Jurisdiction and the Benefits of Amicable Law UAE for Settlement

The Centre currently has limited application, and the following disputes fall outside its jurisdiction:

• Urgent claims
• Claims involving the Government as one of the parties
• Claims not subject to the jurisdiction of the courts
• Claims registered in the courts before this law came into force
• Labour disputes
• Family disputes

However, the Centre’s work offers significant benefits. Disputes referred for amicable settlement are typically mediated and resolved within a maximum of one month from the parties’ first appearance before the Centre. In contrast, the three-stage Dubai Court system can prolong disputes for 18 to 24 months. Mediation enables the parties to concentrate on the commercial aspects of their dispute rather than getting sidetracked by legal issues, which can obscure the real cause of the disagreement. Furthermore, this approach supports amicable justice in white collar crimes, promoting a more constructive resolution while preserving business relationships.

what is the system of amicable settlement?

The idea is that this innovation will decrease the number of cases coming before criminal courts, allowing them to concentrate on matters more deserving even as well as stopgaps that can legally be dealt with out of court. Additionally, traditional imprisonment largely ignores the ability to reform offenders at all. Instead, this policy gives victims significant social benefits. Victims can sue the defendant in civil court, where detriment to all victims will be awarded as part of a foreign criminal settlement agreement. It is a way to cater to the victims of abuse too, instead of simply locking them behind bars and not only bringing those accountable offering justice for their criminal behavior but also offering some recovery projects equipping compensatory restitution to cover the harm they have suffered.

what does it mean to reach an amicable settlement?

The parties have the opportunity to agree on the terms of the settlement themselves, resulting in outcomes that a court may never consider or impose. The mediation process empowers the parties to establish their own terms of settlement, fostering creativity and enabling innovative legal solutions that align with amicable law UAE.

Mediation vs. Amicable Negotiation in the UAE: Understanding Amicable Law UAE

The mediator’s work in the field of criminal mediation was not activated until Ministerial Resolution No. 341 of 2024 organizing his role, which regulates him to do this task. This resolution provides a detailed version of the minimal requirement with which mediators have to comply in order for them to properly perform their functions. Now the mediator handles only that work where he has to mediate between the victim party and the accused so both parties are able to reach a solution that they agree upon, After solving issues through Mediation this ultimately closes in Dubai court criminal case UAE.

Read More About: Mediation Process

Conclusion 

The UAE provides that the Public Prosecution may offer defendants settlements, resulting in fewer cases reaching criminal courts with swifter outcomes. The Centre is the recipient of a request that claimants send to it – and then resolves disputes in less than 1 month, except are dealt with urgently/family. Victims are allowed to launch civil claims for damages, with regulated mediators helping victims reach agreements with perpetrators to resolve matters out of court. Moreover, to handle these processes effectively and with the help of expert guidance Khairallah Law Firm offers practiced Criminal Lawyers in Dubai.

You can benefit from the free consultation for 30-min, and get the help you need from the best lawyers in Dubai, whether you’re in the region or not!