However, it can be determined in general that mediation proceedings do not take place in a vacuum.
The court clarified in opening motion (Tel Aviv) 26723-10-16 Eliyahu Ezra v. Livna Kaduri (August 24, 2017) -
"The process is a process. It is conducted "as a structured process, with several stages, the main of which are: preparation, opening, presenting points of view, identifying the mediation issues and creating an agenda, identifying and defining the interests, creating options for a solution, evaluating the alternatives, creating an agreement, and recording the agreement reached" (Sara Ben-Artzi, The Responsibility of the Mediator 31 (2012)...
The parties should be allowed full flexibility in their conduct, until the settlement is approved by the court...
The mediator does not decide the dispute, but rather his goal is to bring the parties to that long-awaited agreement, taking into account all the chances and risks. Hence, coercing consent and mediation are literally secret." ...
In addition, the court clarified in the case of Tax Appeal 8769/08 Anonymous v. Anonymous (2008) that "even if the parties signed a 'mediation agreement' in accordance with the law, a request to give effect to a judgment must be with the consent of both of them and the agreement must be submitted by the mediator. And by the way, this is a separate and independent agreement - which is not dependent on the agreement to sign the 'mediation arrangement'."
- The provisions of the law and the regulations do not relate to the question of the mediator's tort liability.
They lay out his duties in the framework of the mediation process and his powers in the framework of the mediation process and its approval.
In his article "The Liability of the Mediator in Torts in a Claim for Negligence in the Performance of His Duties", the mediator, Adv. Giora Aloni, lays out the legal and conceptual situation on the issue of the possibility of determining the liability of a mediator in torts.
The article, based on an article by A.K.C. Koo "Exploring Mediator Liability in Negligence" (2016) 45 Common Law World Review 165-185. Examines the existing case law on the subject in the world.