The Status of the Mediator
- This brings to the fundamental issue raised in the pleadings, which is the question of whether it is possible to order a mediator to be held liable in torts where the court determines that his actions amount to negligence or breach of statutory duty by virtue of his role as a mediator.
- The mediation institution is used in all branches of law in Israel in order to assist the parties in reaching agreements other than by way of a judicial decision. This is an institution whose importance was also recognized by the provisions of the law, and accordingly found room to determine, within the framework of regulations, the procedural and substantive framework in which mediation proceedings will be conducted as part of the judicial proceeding and in parallel with it.
Mediation proceedings in Israel are anchored in a number of main pieces of legislation, foremost of which is Section 79C of the Courts Law [Consolidated Version], 5744-1984, and the Courts (Mediation) Regulations, 5753-1993.
In addition, the Civil Procedure Regulations, both in their previous version (5744-1984) and in their current version (5779-2018), relate to mediation proceedings and MAHUT meetings (information, acquaintance, and coordination) as part of alternative dispute resolution mechanisms.
There are also specific laws and regulations that adopt the principles of mediation for specific areas, such as the Law for the Settlement of Litigation in Family Disputes.
- In the framework of Mediation Regulations The mediator's duties are clarified, including the duty to keep the mediation proceedings and their content confidential.
The defendant mentioned this duty more than once in the framework of the proceeding before us, while clarifying that the significance of this duty makes his defense in this proceeding difficult or even impossible, since he is prevented by law from disclosing what was going on in the mediation room regarding the litigation of the parties in relation to the mediation arrangement that they reached at the end of the day.