Mediation Abroad/Martin Rosenfeld, JD

Posted on May 21, 2016


This article appeared in (It appears in its entirety.)

“Justice Minister Ayelet Shaked has set new regulations in place that she believes will assist in adjudicating or preventing a divorce, compelling couples to attend mediation sessions prior to appearing before a beis din or secular court. She believes that if a couple is compelled by the court to attend a number of mediation sessions, it will sharply reduce court time along with reducing the amount of money being spent on attorneys. The Justice Minister has already set funding into place for the new court-mandated mediation which will be conducted via the state court system.

Part of the mediation process will be to explain the legal process ahead if agreement is not reached including custody battles, property disputes and other issues. In addition, the professionals will seek to impress upon parents the impact divorce will have on their children.

The new program will be running for three years, permitting time to evaluate its success towards determining if it should continue.”

It will be interesting to see the impact of this mediation program. Will it change divorce in Israel as is now practiced? Probably not. Not surprisingly, many Israeli Family law practitioners are opposed to this program. Will it save some children, and parents, from the scarring effects of divorce in its harshest manifestations? Undoubtedly. It is a testament to the potentially beneficial effects of mediation and its process. Mediate don’t litigate.