On the other hand, the defendant saw the dispute surrounding the residence, which is located on the plots of both parties to the Levy family, as the real focus of the dispute, which the first judgment in Civil Case 2369/99 did not resolve. The defendant emphasized that the mediation proceeding before him was intended to help the late Malka Levy and Moshe Levy reach an agreement in the dispute that took place between them, and that the parties to the mediation proceeding were represented by lawyers.
- This is the place to mention basic concepts regarding the mediation process - the process itself, its content, and everything that is said in it., They are sheltering under a veil of confidentiality, which the court ruled will not be easily removed.
It should also be remembered that the parties to the proceeding in which the mediation agreement was drafted, as well as the plaintiffs themselves, refused to allow the removal of the confidentiality prescribed by law in relation to the proceedings conducted in the Family Court.
This means that the defendant was limited in the framework of this proceeding to the limitations that apply to him due to the confidentiality of the proceeding. The same is true of the information presented in the framework of this proceeding in relation to the proceedings that are the subject of the Settlement Agreement. The plaintiffs' own choice not to agree to the disclosure of the proceeding and the evidence before the Family Court also creates a presumption against them that these documents were intended to act to the detriment of their interests.
In the comparative sentence mentioned in A.K.C.'s article. Koo, which was mentioned above, weight was given to the existence of confidentiality, and more than once it led to the rejection of claims filed against mediators in relation to their actions in the framework of the proceeding.
- You and more - as stated above, A mediation agreement is basically agreements reached by the parties with the assistance of the mediator. It is not an agreement dictated by the mediator; The mediator is not a party to the agreements, and is external to the agreement, and his role is to assist the parties to reach these agreements.
The parties to the proceeding were represented and acted through their representations in order to strive for the agreements they received in the form and content of the agreement.