When it comes to resolving commercial disputes in Dubai, you typically have three options: mediation, arbitration, and litigation. Each has distinct advantages, and understanding the key differences can save you time, money, and even relationships.
Mediation.
Mediation is a voluntary and confidential process, led by a neutral third party, such as a member of our team here at Crowther Mediation.
It’s typically fast. Disputes can often be resolved in days or weeks rather than months or years. It’s cost-effective, as you avoid court fees and drawn-out proceedings. And most importantly, it’s collaborative. Parties retain control over the outcome.
In Dubai, mediation is gaining momentum, particularly through centres like the Dubai Mediation Centre and the DIFC. And because it’s confidential, it protects your reputation, something no court case can guarantee.
Arbitration.
Arbitration is binding, more formal than mediation, but still private. It’s governed by the UAE’s Arbitration Law and is often used in cross-border disputes, particularly those involving construction, real estate, and finance.
It can take longer and cost more than mediation, but it’s generally quicker and more discreet than litigation. Plus, arbitral awards are enforceable under the New York Convention, which is a major advantage in international disputes.
Litigation.
Litigation in Dubai can be conducted either in the onshore courts, the Dubai Courts, or in the offshore DIFC Courts. While it offers the finality of a court judgment, it’s public, time-consuming, and often the most expensive path.
A commercial case can take months or even years to reach resolution, especially if appeals are involved. And once you’re in court, you lose a degree of control over the process.
What approach is right for you?
If your priority is speed, cost control, and preserving relationships, mediation should be your first consideration.
If you are not so concerned with preserving working relationships and need a third-party decision, arbitration may be a better fit.
And if all else fails, or if precedent and enforceability are critical, litigation may be necessary.
At Crowther Mediation, we believe many disputes don’t need to end in court. They need a structured, neutral space to be resolved with dignity, privacy, and efficiency.
If you’d like to explore whether mediation is right for your dispute, please get in touch.
