Advancing criminal justice through mediation: analyzing the integration of mediation in Emirati criminal legislation

Criminal mediation offers a promising alternative to traditional judicial procedures for resolving criminal disputes, alleviating burdens on the judicial system and saving time and effort for disputing parties. It aims for peaceful settlements satisfying all involved (the State, defendant, and offended party). The UAE's incorporation of criminal mediation in the amended Criminal Procedures Law (Federal Decree-Law No. 38 of 2022) motivates this study, particularly given the reluctance of many Arab legislations to adopt this system. The study addresses key questions regarding the legal framework, procedures, and implications of successful/unsuccessful criminal mediation within Emirati legislation.

The introduction cites several scholars' definitions of criminal mediation, highlighting its role as an alternative dispute resolution method focusing on peaceful, consensual agreements, compensation for the offended party, and rehabilitation of the defendant. These definitions emphasize the contrast between mediation's focus on reconciliation and traditional judicial methods' emphasis on law enforcement. The study also notes the differences between criminal and civil mediation as defined in Emirati law (Federal Decree-Law No. 40 of 2022).

This study uses an analytical descriptive approach. The descriptive component defines criminal mediation, exploring its concepts and operational dynamics. The analytical component examines the procedures, applications, and implications of criminal mediation under Federal Decree-Law No. 38 of 2022. The study analyzes relevant articles of the law to uncover legislative intent, operational mechanisms, and potential effects. Standard legal research protocols were followed, synthesizing legal texts (statutory provisions, legal commentaries, previous research) to support the analysis. Ethical approval and informed consent were not needed as the study focuses on legal texts.

The study details the legal framework governing criminal mediation in the UAE, including the conditions for its application. These conditions include the nature of the crime (eligible for conciliation or waiver), the consent of both defendant and victim, and the role of the public prosecution in supervising the process. The study describes the parties involved (public prosecution, defendant, victim, mediator), outlining their roles and responsibilities. The procedural stages of criminal mediation are explained, from the preliminary stage (communication with parties, explaining rules, obtaining consent) to the agreement stage (determining commitments, writing and approving the agreement), and the implementation stage. The study analyzes the effects of both successful and unsuccessful mediation, including its impact on criminal and civil lawsuits. Successful mediation terminates the criminal case, but does not affect civil rights unless waived. Unsuccessful mediation results in the resumption of criminal proceedings.

The study's findings highlight the Emirati legal system's attempt to balance restorative justice with traditional legal processes. The careful structuring of objective and procedural conditions for mediation demonstrates a commitment to ensuring its judicious and effective application. The study notes a gap in the legislation regarding the impact of successful criminal mediation on civil lawsuits. The emphasis on voluntary participation and informed consent ensures that mediation aligns with principles of autonomy and fairness.

The study concludes by proposing amendments to the Emirati legal framework to enhance criminal mediation's effectiveness. These include revising terminology, allowing withdrawal from mediation before the final report, assessing the defendant's criminal risk, including mediators in implementing agreements, and establishing specialized training for mediators. These recommendations aim to increase the success rates and contribute to a more effective and humane criminal justice system.

The study's limitations include its focus solely on legal texts, without empirical data on the practical application and effectiveness of criminal mediation in the UAE. Further research incorporating empirical data would enhance the study's findings and provide a more comprehensive understanding of the system's impact.