Law

The Role of Mediation in Family Disputes: Best Lawyer Dr. Hassan Elhais Explains

Introduction

The importance of mediation in family disputes and when it is the right option is a crucial issue that any individual has to know when dealing with family law issues in the UAE. Dr. Hassan Elhais is one of the leading legal consultants in Dubai, a distinction earned with more than 19 years of extensive experience as a lawyer and legal consultant. His rise to becoming one of the best lawyers in Dubai is backed by a passion for using his expertise to guide clients toward the most effective dispute resolution methods for their circumstances.

Being a member of the International Academy of Collaborative Professionals (IACP) and having a long-term experience in mediation as well as litigation, Dr. Elhais can offer a wide range of advice to clients regarding the ways in which mediation can be used as an effective instrument of resolving family conflicts and protecting their interests and the financial costs of a prolonged litigation process should be minimal.

The Mediation of Family Law.

Mediation is an alternate dispute resolution where a neutral third party known as the mediator assists in communication and negotiation between the parties in dispute to enable them to agree to a mutually acceptable solution. In contrast to the case of court proceedings where a judge dictates the decision, the process of mediation gives the parties the authority to develop solutions that suit their special situations. It is this basic distinction that renders mediation especially appropriate in family conflicts, where relationships are in progress, and where children are involved, collaborative, not adversarial resolution is the preferred choice.

Dr. Hassan Elhais began offering his legal services in Dubai after moving there in 2006. In his drive to become one of the best lawyers in Dubai, Dr. Elhais has continually strived to further his knowledge of the legal industry. Amongst his accomplishments is completing a Master’s Degree and Ph.D. in Law from Monofiya University, with a focus on multiple legal disciplines and civil law. His educational background, coupled with a close to twenty-year experience in the field, makes him one of the most informed experts on mediation in the family law issues throughout the UAE.

Mediation acquires a specific significance in the context of the UAE due to the combination of the principles of the civil law with the Islamic Shariah law in the legal system. It is crucial to know how mediation should work in this context and how the agreements that are made in the course of mediation are to be formalized and enforced according to the UAE legislation, and Dr. Elhais

has the expertise to offer to his clients. The fact that he is a member of the International Academy of Collaborative Professionals (IACP) demonstrates his dedication to collaborative dispute resolution practices, as well as his status as an expert in collaboration-focused approaches instead of confrontational ones.

Fit to Dispute in the Family.

Not every family conflict can be mediated, and the knowledge of when the mediation is likely to work is a significant aspect of strategic legal planning. Dr. Hassan Elhais follows the advice to clients on whether to use mediation in their particular situation based on the nature of the dispute, relationship between the parties, good faith of both parties to negotiate, and the complexity of the issues in question.

His knowledge in developing elaborate statements of claim and offering strategic consultations implies that whenever mediation is sought, the clients are ready to move into litigation in the event that the mediation process fails to produce a satisfactory contract. This two-fold preparedness makes sure that the clients are not left defenseless by the process of seeking mediation should it fail.

UAE Family Law on the Mediation Process.

It is imperative that one understands the dynamics of the mediation process in the UAE when he or she considers using it as a method of settling family disputes. The process is normally initiated by the two parties agreeing to undergo mediation and appointing a competent mediator. In other instances, the UAE courts can mandate the parties to first resort to mediation before they undergo the full court hearings, which is an indication that the legal system appreciates the importance of mediation in family law proceedings.

His contribution in this area has seen him working with lawyers in other jurisdictions as he helps clients in their disputes that are related to marriage and custody. Such an international experience is especially useful to expatriate families who are involved in mediation, because Dr. Elhais can counsel them as to how agreements made in UAE mediation can be accepted and enforced elsewhere in the event parties move in the future.

Advantages of Mediation in Family Conflicts.

The mediation has a number of important advantages over the conventional litigation, especially in the family context where maintaining relationships and avoiding conflict can have a long-term positive effect. Dr. Hassan Elhais educates clients about these benefits to help them make informed decisions about their dispute resolution strategy.

One of the primary benefits of mediation is its potential to preserve and even improve relationships between disputing parties. When it comes to family conflicts especially when the children are involved, a healthy relationship between the parents is good for all parties. The

collaborative nature of mediation facilitates communication and joint problem-solving instead of adversarial stance, which in turn can be used to set patterns of cooperation that will benefit the family long after the immediate conflict.

Mediation is also more private than the proceedings in courts. The hearings in the court are not usually confidential and thus family secrets are made available to anyone who requests the court records. Mediation takes place in private settings, and the discussions that occur during mediation remain confidential. For clients concerned about privacy and maintaining discretion regarding family matters, mediation provides an important advantage.

Drafting Enforceable Mediated Agreements

Reaching an agreement during mediation is only the first step; ensuring that the agreement is properly documented and enforceable under UAE law is equally important. Dr. Hassan Elhais specializes in writing and implementing post-nuptial and divorce settlement contracts that comply with the Sharia/UAE law. His experience will guarantee that the agreements that are arrived upon in the process of mediation are formalized into a legally binding document that will be accepted and enforced by the UAE courts.

In the case of expatriate clients, Dr. Elhais will also recommend the way to form mediated agreements to increase the chances of recognition and enforcement in other jurisdictions. His practice as a frequently appointed specialist on the laws of the UAE in foreign courts in the UK, Canada, Switzerland, the United States, and Australia, France, Singapore and other jurisdictions gives him a unique insight into what the foreign courts seek when considering UAE family law agreements.

The Fall-back to Litigation.

Not every mediation process leads to effective agreements and knowing what happens when a mediation fails is a significant element of strategy planning. Dr. Hassan Elhais prepares clients to this eventuality early enough so that failure to mediate does not put them at a disadvantage in the face of a suit.

His skills in formulating elaborate statements of claim ensure that the mediation to litigation is done in a smooth and strategic manner. Clients who have tried mediation in good faith are usually well-impressioned on courts and their desire to engage in collaborative resolution can be considered an indication of reasonableness and good faith. Dr. Elhais ensures that clients’ participation in mediation is presented effectively in subsequent court proceedings.

Accomplishments in Academia and Media

Dr. Elhais is not just one of the best lawyers in Dubai, but also a prolific author and columnist with a knack for explaining UAE laws to wider audiences in a manner that is accessible and

easy to understand. His insightful articles appear on prominent local and international news sites, and readers of The National and Khaleej Times have benefited from Dr. Elhais answering their frequently asked questions. As an author, Dr. Elhais is published by Lexis Middle East with publications that cover everything from UAE Commercial Fraud Law, and UAE Consumer Protection Law, to Competition and Commercial Monopoly, UAE International Crime Law, Money Laundering and Terrorist Financing, Fraud, Theft and Tax Evasion, and much more.

He has also authored a chapter for the 6th edition of International Comparative Legal Guides on Family Law 2023, published by Global Legal Group, which deals with practical cross-border insights into family law. In addition to having over 300 local and international publications, Dr.

Elhais has appeared on The Agenda with Georgia Tolley on Dubai Eye 103.8, Al Aan TV, and several other radio and television interview shows. His insightful legal comments have made it to the pages of many international news sites, including Bloomberg, Reuters, The Associated Press, and the Washington Post.

Professional Memberships and Credentials

A duly licensed legal consultant in the UAE, Dr. Elhais is also a member of several prestigious international legal bodies and associations. These include being a member of The European Criminal Bar Association (ECBA), The International Academy of Family Lawyers (IAFL), The International Bar Association (IBA), Egypt Bar Association, the International Lawyers Network (AEUROPEA), Union International de Avocats (UIA), and International Academy of Collaborative Professionals (IACP).

Furthermore, he is a member of the Law and Society Association (LSA), International Society of Family Law (ISFL), Resolution, which was formerly known as the Solicitors Family Law Association or SFLA, and Reunite International. Dr. Elhais is also an Associate Member of The American Bar Association (ABA).

His belonging to the International Academy of Collaborative Professionals (IACP) is especially applicable to his mediation and collaborative dispute resolution work. The other achievement is that this is the first expat to join the International Academy of Family Lawyers (IAFL) in the UAE jurisdiction.

The British Embassy in Dubai, the Australian Embassy in Abu Dhabi, and the Canadian Embassy have all previously listed Dr. Elhais in their Lawyers’ List, cementing his place as one of the best legal advisors in Dubai. As one of the best Dubai family lawyers, Dr. Elhais is on the recommended list of foreign embassies such as Australia, France, the United States, and the United Kingdom if their nationals require legal assistance in the UAE. These foreign missions in the UAE also regularly request Dr. Elhais’ consultation and legal opinions for family matters that involve their nationals in the UAE.

Awards and Global Recognition

The excellent performance of Dr. Elhais as a leading legal consultant has not been unrecognized and has brought him a number of great awards and honors. This has come with numerous regional and global wins of the most coveted Legal Consultant of the Year awards by the Corporate LiveWire, ACQ5 Global Awards of Civil Law, and other high profile awarding agencies.

The other achievement is that this is the first expat to join the International Academy of Family Lawyers (IAFL) in the UAE jurisdiction. This is a prestigious international association that is limited to the best specialists in family law in their countries. He has received acclaim in legal publications, including the Mondaq Thought Leadership Awards in the UK, through his popular articles. He has over 30 awards and accolades in his legal field because of his extraordinary contributions.

Frequently Asked Questions (FAQs)

What is mediation and how does it work in family disputes?

Mediation is a type of alternative dispute resolution where a third party called the mediator facilitates communication and negotiation between parties to a dispute to enable them to come up with a mutually agreeable resolution. In contrast to court proceedings, where a judge dictates a solution, mediation gives the parties the power to develop solutions that best fit their peculiar situations.

When is mediation appropriate for family disputes in the UAE?

The mediation is usually suitable in situations where each party is truly interested in the agreement, there is no major power gap between the two parties and both parties are ready to negotiate in good faith. Mediation can be a successful method of handling cases that involve child custody arrangements, schedules of visitation, financial support, and division of assets.

What are the benefits of mediation compared to litigation?

There are a number of important advantages of mediation over old-fashioned litigation. It is capable of saving and even strengthening relationships between the conflicting parties which is especially crucial in family conflicts involving children. Disputes are normally resolved more cheaply and in a shorter period through mediation compared to litigation. It is also more

privacy-affirming since mediation is conducted in private places as opposed to open court trials.

How does Dr. Hassan Elhais helps clients prepare for mediation?

Dr. Hassan Elhais assists clients in preparing to mediate by finding out what is important to them, what are their options in case of a failure in the mediation process and what are their negotiation strategies that will safeguard their interests and at the same time be ready to compromise reasonably. He makes sure that the clients are familiar with the mediation process, expectations in the mediation process and effective communication during negotiations.

Are agreements reached through mediation legally binding in the UAE?

The agreements that are achieved during mediation may be legally binding in the UAE provided that they are duly signed and meet the legal requirements of the UAE. Dr. Hassan Elhais is a professional in the draft and execution of agreements that comply with the Sharia/UAE laws that the agreements mediated are formalized into a legal document that will be accepted and enforced by the UAE courts. The terms should be stated clearly, the language used should be accurate and clear and should be in line with the legal terms of various terms that are enforceable under the UAE law.

ANNOUNCEMENT: As of February 2026, Dr. Hassan Elhais is no longer with Awatif Mohammad Shoqi Advocates & Legal Consultancy and has moved to Amal Alrashedi Lawyers & Legal Consultants.

Please note that the previous contact number +971 4 355 8000 has no relationship with Dr. Hassan Elhais and is not in use.

For any inquiries or legal consultation with Dr. Hassan Elhais, please contact +971 50 506 5861.

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Zeeshan

Writing has always been a big part of who I am. I love expressing my opinions in the form of written words and even though I may not be an expert in certain topics, I believe that I can form my words in ways that make the topic understandable to others. Conatct: zeeshant371@gmail.com

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