Mediation is a voluntary, confidential process in which a certified mediator helps disputing parties reach a mutually acceptable agreement — faster and with far greater resource efficiency than litigation. Shoshi Arbib is a court-accredited mediator and member of the Israel Mediators Organisation. (Shoshi Arbib Law Office.)
Mediation is a voluntary, confidential process in which a certified mediator helps disputing parties reach a mutually acceptable agreement — faster and with far greater resource efficiency than litigation. Shoshi Arbib is a court-accredited mediator and member of the Israel Mediators Organisation.
Advantages of Mediation
- Significantly shorter process than court proceedings
- Efficient use of the parties' resources
- Full confidentiality
- Preserves relationships between parties
- Tailored, consensual resolution
The Mediation Process
Mediation begins when both parties agree to participate. The mediator holds joint and, if needed, separate sessions to help clarify each party's interests and explore solutions. Unlike a judge, the mediator does not impose a decision — the outcome is entirely in the parties' hands. A successful mediation concludes with a written agreement signed by both parties, which is legally binding as a contract and may be submitted to a court or arbitrator for enforcement as a judgment.
Suitable Disputes
- Inheritance and estate disputes — between heirs regarding division of assets
- Neighbour disputes — shared buildings, noise, construction, common areas
- Business and commercial disputes — partnership dissolution, contract disagreements
- Family law matters — separation agreements, child arrangements (where parties agree)
Mediation vs. Court — A Comparison
Court proceedings in Israel can take years and require substantial allocation of time and professional resources. Mediation typically concludes in a few sessions. Because both parties shape the outcome, they are far more likely to honour the agreement than a court judgment they opposed. The confidentiality of mediation also means that business or family matters are not exposed in public court records. For many disputes, mediation produces a better outcome for both sides with significantly greater efficiency.
What is the difference between mediation and arbitration in Israel?
In mediation, a certified mediator facilitates discussion and helps the parties reach their own voluntary agreement — the outcome is entirely in the parties' hands. In arbitration, the arbitrator hears both sides and issues a binding decision, similar to a judge. Mediation is generally preferred when preserving the ongoing relationship between parties is important.
Is a mediation agreement legally binding in Israel?
A mediation agreement signed by the parties is a fully binding contract enforceable in Israeli courts. The agreement can also be submitted for approval as an arbitration award, giving it the status of a court judgment. It is advisable to have a lawyer review the agreement before signing to ensure its legal validity.
Official References: Israeli Courts — Mediation · Israel Ministry of Justice · Israel Land Authority · National Insurance Institute of Israel · Israel Tax Authority
The Mediation Process — Step by Step
- Initiation — Either party, both parties jointly, or a court may refer the dispute to mediation; the parties jointly select a certified mediator.
- Opening session — The mediator explains confidentiality rules and the process; parties sign a mediation agreement and present their positions.
- Mediation sessions — Structured dialogue, sometimes in separate "caucus" meetings, aimed at identifying common interests and generating solutions.
- Settlement agreement — The agreed terms are reduced to writing, signed by both parties, and can be submitted to court to obtain the force of a judgment.
Shoshi Arbib Law Office — Attorney | CPA | Mediator, Netanya, Israel.
