Mediation in Israel

Quick Facts

• Legal Framework: Mediation in Israel is governed by the Mediation Law of 1991 and the Code of Civil Procedure. The Law defines mediation as a voluntary and confidential process for resolving disputes. Israel has a wel...
• Cultural Approach: Israeli mediation culture emphasises direct communication and practical solutions. There is strong acceptance of mediation as an alternative to litigation. The approach tends to be informal and facili...
• Typical Costs: Commercial mediation in Israel typically costs ILS 500-1,000 per hour or daily rates of ILS 4,000-8,000. Family mediation typically costs ILS 400-800 per hour. Court-annexed mediation may be subsidise...

Mediation Research

Legal Framework

Mediation in Israel is governed by the Mediation Law of 1991 and the Code of Civil Procedure. The Law defines mediation as a voluntary and confidential process for resolving disputes. Israel has a well-developed court-annexed mediation system. The Code of Civil Procedure contains provisions for court-annexed mediation. Family mediation is regulated by specific provisions in the Family Law. The Law provides a legal framework for mediation, including confidentiality provisions and the enforceability of mediation agreements.

Court System

Israeli courts actively encourage mediation before proceeding to trial. Courts may refer parties to mediation and can adjourn proceedings to allow mediation to occur. Court-annexed mediation is available throughout Israel. The judiciary has implemented mediation programs in many courts, particularly in family courts. Judges may suggest mediation at any stage of proceedings. Courts may consider costs orders where parties unreasonably refuse to mediate. The court system works closely with professional mediators and mediation organizations.

Mediator Regulations

Mediators in Israel are not required to be lawyers, but many are. The Ministry of Justice provides certification for mediators. To become a certified mediator, one must complete training programs approved by the Ministry. The training includes theoretical and practical components, typically 40+ hours. Certified mediators must complete continuing education requirements. There are several professional associations for mediators in Israel, including the Israeli Mediation Association (האגודה לגישור בישראל). Mediators must adhere to ethical codes of conduct.

Cultural Approach

Israeli mediation culture emphasises direct communication and practical solutions. There is strong acceptance of mediation as an alternative to litigation. The approach tends to be informal and facilitative. Israeli mediators often take an active role in helping parties reach agreements. The cultural context values efficiency and direct resolution. Family mediation is particularly well-developed. Commercial mediation is widely accepted in business circles.

Typical Costs

Commercial mediation in Israel typically costs ILS 500-1,000 per hour or daily rates of ILS 4,000-8,000. Family mediation typically costs ILS 400-800 per hour. Court-annexed mediation may be subsidised or available at reduced rates. Small claims mediation may be free or low-cost. Costs are typically shared between parties unless otherwise agreed. Legal Aid (סיוע משפטי) may be available for family mediation in eligible cases. Mediation costs are generally tax-deductible for businesses. The cost savings compared to litigation are significant.

Sources

• Mediation Law of 1991 (legislation)
• Israeli Ministry of Justice (government)
• Israeli Mediation Association (organization)
• Israeli Chamber of Commerce (organization)
• Tel Aviv Chamber of Commerce (organization)
• New York Convention - Israel (organization)
• Singapore Convention on Mediation - Jurisdictions (organization)

States and Regions