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Family Dispute Settlement Law (Temporary Provision), 5775-2014
In 2016, a Family Dispute Settlement Law (Temporary Provision) 5775-2014 came into effect. The main goal of this law is to minimize court battles between couples since those can often take too much time, energy, and money, and drain all involved parties emotionally.
This law introduced mediation sessions as an inevitable step in the divorce process. The Family Dispute Settlement Law (Temporary Provision) 5775-2014 aims to support and encourage couples to reach a mutual agreement through mediation sessions and mutual consent, rather than bringing their issues to court.
Mandatory Mediation Sessions
The divorce procedure used to be different before vs now when the new law has been enacted. The main difference is that before the law, mediation sessions used to be provisional – each couple would receive advice to go through them, but they were not obligatory in any way.
When the new law came into effect, mediation sessions became mandatory before any court proceedings. This means that couples are required to go through mediation sessions and try to reach an agreement outside of the court’s jurisdiction. If mediation sessions fail, the divorce is taken to court to be handled.
The main idea behind this law was to try to minimize the emotional effect a divorce has on a family, by solving all open issues peacefully and in a timely manner. Also, another goal was to relieve the burden Israeli courts have by reducing the cases that are taken to the court.
Application for Dispute Resolution
What the mediation sessions in practice mean is that couples who wish to divorce cannot go and file a divorce claim. First, they have to apply for a dispute resolution at their chosen court – Family court or Rabbinical court. After that, the court will schedule mediation sessions for the couple. It is advisable to come to the first session alone, as a couple, and after that, both parties are welcome to bring their lawyer as well.
After the couple has filed for dispute resolution, there is a 45-day stay of proceedings. During that time, the couple is not allowed to apply to any court.
Divorce Agreement
Needless to say, the ideal scenario for couples is that the mediation process in the assistance unit will lead to a divorce agreement, in which agreements will be reached on all the legal issues at stake. Indeed, this happens quite often. However, on the other hand, in many cases, this framework is not enough to bring about an end to the conflict between the couple.
What do they do in this situation? The couple has two options: one is to go to the courts and conduct the divorce proceedings there, or to give another chance to the mediation process outside the assistance unit. In other words, contact a mediator lawyer who specializes in divorce mediation, who will focus and summarize the points of contention between the parties on each issue and offer them relevant solutions that are both legally and emotionally appropriate for them.
Additional Information
Additional information about the Family Dispute Settlement Law can be found on the following links:
