The default system for resolution of family disputes in Israel has changed:
The traditional way to separate or actually divorce, until recently, was by each spouse turning to an attorney on his/her behalf to represent his or her interests in the divorce and doing this with regard to the division of property, custody of the children, maintenance, arrangements for contact with the non-custodial parent, and any other issue arising from the separation.
Usually, the represented couple would often meet in court when the judge in the case decided on all issues related to separation.
As a result of this reality, severe disputations often occurred between the couple when each of them “fought” for his or her interests or demands, a struggle that involved emotions, and many times, unpleasantness, pain and suffering.
Indeed, there are many cases, in which the representing attorney ‘s negotiate in order to promote and achieve the desired results for each partner without the need to “struggle” in judicial instances.
Be it as it may, the bitter taste left behind by the legal “tug of war” during the separation and the conduct involved in it, often remain for a very long period and leaves its mark not only on the couple but also on their children.
In light of this, the alternative that is becoming more adaptable as a solution and a way to resolve family disputes, is divorce through mediation.
The approach of mediation in general and mediation in the family in particular, is based on the principle of WIN – WIN. In other words, contrary to the common approach, “what is good for me is necessarily bad for you”, the concept of mediation entails the idea that each spouse can get the optimum without harming his / her partner. But rather by while working with him/her, And with the assistance of the mediator.
To reach the optimal agreement achieving his/her goals as much as possible.
How does the mediation process work?
In this proceeding, instead of each of the spouses turning to an attorney on his/her behalf, both of them apply to an authorized mediator who in most cases is a family or divorce lawyer and certified mediator.
In the first stage, the mediator understands and helps the parties understand, through joint meetings with the couple, accompanied by separate meetings with each of the spouses, the special needs and interests that each partner has from the separation.
In the second stage, the mediator helps the parties understand how to reach an optimal arrangement from their point of view, while understanding the special interests of each of them.
In the third stage, the agreement is written and consolidated in a divorce agreement which, after working on its formulation and examination of its wording, the parties sign..
The final step is to bring the agreement to the Family Court for approval by the mediator representing the parties and after the approval of the agreement, apply to the Rabbinical Court for the purpose of divorce
Our firm accompanies the spouse’s, we serve, in the mediation process and handles their cases not only in the mediation itself, but also in drafting the agreement, approving the agreement in the family court and arranging the divorce in the Rabbinical Court.
It is important to emphasize that as of July 2016 and under the new Family Dispute Settlement law, adopted in Israel, a spouse seeking divorce cannot apply directly to a family or rabbinical court. They must first submit a request to settle the dispute. The new law actually requires the couple to try to settle the dispute through negotiation or mediation, and only if this does not work out after a number of meetings, can they turn to, filing a divorce suit or claim through an attorney on his/her behalf.
The new law actually created a situation in which mediation is the dominant default option in resolving family disputes and in the divorce process.
Our firm has extensive experience and expertise in all matters relating to mediation and representation of people in the process of divorce. Years before the law went into effect; we encouraged our clients to try to reach agreement through negotiations, whenever possible, in order to prevent unnecessary suffering and costs demanded from the couple and their children.
