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

Abstract

AbstractCriminal mediation is viewed as a promising alternative to traditional judicial procedures for resolving criminal disputes, offering a novel approach to alleviating burdens on the judicial system. This study examines the integration of mediation into Emirati criminal legislation, focusing on its potential to improve dispute resolution outcomes and reduce judicial workload. The UAE law has incorporated criminal mediation in the new amendment to the criminal procedures law by Federal Decree-Law No. 38 of 2022. This research aims to elucidate the provisions of criminal mediation and how it is organized within the UAE legal system. Employing an analytical descriptive methodology, the study explores the legal frameworks and procedural nuances of criminal mediation. It demonstrates how it can significantly mitigate the adverse effects on affected parties and decrease the recurrence of criminal behavior. The study recommends establishing a specialized training program for legal mediators, designed to equip them with the necessary skills to effectively handle diverse criminal cases, ensuring that mediation processes are conducted with the highest standards of justice and efficiency. Implementing such training programs would enhance the professionalism of criminal mediation and increase its success rates, contributing to a more effective and humane criminal justice system.