Below are readers' questions about 'Arbitration-Mediation', which we have chosen to answer. More detailed information on 'Arbitration-Mediation' can be found on our main website, Family Law in Israel.
While in arbitration the arbitrator has judicial powers and rules on the dispute, with the ruling having binding legal value, in mediation the mediator does not have judicial powers and tries to bring the parties together , like a 'broker', so that they make an agreement which can be authorized in court to solve their dispute.
No! The Family Courts’ Act of 1984 expressly states that things said during the process of mediation cannot be used in civil proceedings.
There are several options. The parties themselves can appoint the arbitrator , with court authorization. If they cannot agree, they can present a list of arbitrators to the court, which can select one of them, or appoint an arbitrator from outside the list.
Yes ! A mediator is permitted to meet with anyone connected with the dispute , as part of the powers bestowed upon him/her in the Family Courts' Act of 1984.
Yes – following a 2008 amendment to the Arbitration Law, appealing an arbitration ruling is now possible, if this was agreed upon in advance, in the arbitration agreement,prior to the process getting underway.
Indirectly. Mediation can bring the opposing parties together and encourage them to forge an agreement. However, to become legally valid and bring existing proceedings to an end, the agreement facilitated by the mediation process must receive court authorisation.
Either another arbitrator or a single judge – the options must be agreed upon beforehand, in the arbitration agreement signed between the parties before the process starts. Permission must be given for a judge to hear the appeal and the ruling must result in injustice.
Yes, but only according to a closed list of reasons listed in the 1968 Arbitration Act.
Yes, an an exception, and if stated so in the arbitration agreement.
Yes – the parties have 45 days from the time the arbitration ruling is given to ask the court to reduce the arbitration fee set by the arbitrator. If the court considers the fee to be exhorbitant it can reduce it.
A way of settling a legal dispute that is less formal, shorter and more flexible than court proceedings.The arbitrator has judicial powers and his ruling is binding on the parties.
They do not stop automatically. The court has discretion to delay them during arbitration.