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Arbitration-Mediation

Below are readers' questions about 'Arbitration-Mediation', which we have chosen to answer. For further and more detailed information on these issues, see our main website, Family Law in Israel, at http://www.family-laws.co.il/other-topics-mediation-arbitration.

What is arbitration?
A way of settling a legal dispute that is less formal, shorter and more flexible than court proceedings.The arbitrator has judicial powers and his ruling is binding on the parties.
How is arbitration different from mediation in the way it solves legal disputes?
While in arbitration the arbitrator has judicial powers and rules on the dispute, with the ruling having binding legal value, in mediation the mediator does not have judicial powers and tries to bring the parties together , like a 'broker', so that they make an agreement which can be authorized in court to solve their dispute.
Who selects the arbitrator , if I decide to opt for arbitration to solve my legal dispute at the family court?
There are several options. The parties themselves can appoint the arbitrator , with court authorization. If they cannot agree, they can present a list of arbitrators to the court, which can select one of them, or appoint an arbitrator from outside the list.
If I agree to arbitration rather than a legal battle in court, could I appeal the arbitration ruling?
Yes – following a 2008 amendment to the Arbitration Law, appealing an arbitration ruling is now possible, if this was agreed upon in advance, in the arbitration agreement,prior to the process getting underway.
Who hears an appeal on an arbitration ruling?
Either another arbitrator or a single judge – the options must be agreed upon beforehand, in the arbitration agreement signed between the parties before the process starts. Permission must be given for a judge to hear the appeal and the ruling must result in injustice.
Can an arbitrator's ruling be cancelled?
Yes, but only according to a closed list of reasons listed in the 1968 Arbitration Act.
Can more than one arbitrator be appointed to solve a legal dispute?

Yes, an an exception, and if stated so in the arbitration agreement.

Is there any way of getting the fees the arbitrator set for himself to solving a dispute?
Yes – the parties have 45 days from the time the arbitration ruling is given to ask the court to reduce the arbitration fee set by the arbitrator. If the court considers the fee to be exhorbitant it can reduce it.
What happens to legal proceedings in court when a dispute in referred to arbitration?
They do not stop automatically. The court has discretion to delay them during arbitration.
If I agree to the family court judge's suggestion of mediation to solve my dispute , could things I tell the mediator be used ag
No! The Family Courts’ Act of 1984 expressly states that things said during the process of mediation cannot be used in civil proceedings.
I agreed to mediation as a way to solve legal proceedings with my husband, but was shocked to find that the mediator had been sp
Yes ! A mediator is permitted to meet with anyone connected with the dispute , as part of the powers bestowed upon him/her in the Family Courts' Act of 1984.
I am considering mediation – can the process actually end the legal proceedings in my family dispute?
Indirectly. Mediation can bring the opposing parties together and encourage them to forge an agreement. However, to become legally valid and bring existing proceedings to an end, the agreement facilitated by the mediation process must receive court authorisation.