Lawyers
Request for Dispute Resolution: A Preliminary Step in Divorce Proceedings
Since 2016, Israeli divorce law has undergone a significant change. Before filing lawsuits against each other, spouses are now required to submit a dispute resolution application. The couple is then referred to mediation sessions at the court’s assistance units. Only if these conciliation efforts are unsuccessful may the parties proceed with formal divorce proceedings in court.
What Is a Dispute Resolution Request?
Under the Law for Arranging Litigation in Family Disputes, couples seeking a divorce must participate in a preliminary proceeding before they can initiate legal action. This proceeding, known as a dispute resolution application, is filed with the Family Court.
As part of this process, the parties are referred to the court’s assistance unit, which is staffed by social workers and psychologists. The assistance unit schedules a series of meetings — focused on information sharing, acquaintance, and coordination — in which its staff attempt to help the couple reach an agreement on the issues related to their divorce.
Once a dispute resolution application has been filed, the parties are barred from filing any divorce-related claims for up to 45 days. The purpose of this waiting period is to give the couple a genuine opportunity to engage in meaningful dialogue, rather than using the process as a strategic maneuver to gain an advantage over the other party.
It is important to note that, despite this waiting period, the parties may request temporary relief as warranted by the circumstances of the case — for example, a travel restraining order, temporary alimony, or interim child custody arrangements.
The Importance of Legal Representation
The divorce process carries far-reaching consequences for both parties. For this reason, obtaining legal representation at the dispute resolution stage is critically important. Here is why:
First, it matters which party submits the dispute resolution request. If the mediation process does not succeed, the party who filed the request may open legal proceedings against the other spouse in the court of their choice within 15 days. Given the significant differences between the Family Court and the Rabbinical Court, this constitutes a major strategic advantage.
Second, the mediation process at the assistance unit is conducted by social workers who lack formal legal training and may not be well-versed in the legal issues at stake. It is therefore essential that each spouse be represented by an attorney who can advocate effectively for a fair compromise while protecting the client’s rights — including filing motions for temporary relief when necessary.
If the mediation sessions are unsuccessful, the attorneys will continue to represent the parties throughout the divorce proceedings until their conclusion.
Has This Legal Reform Been Beneficial?
The law’s stated purpose is clear: to help resolve family disputes, including divorce, through dialogue and conciliation rather than litigation. This approach is intended to benefit not only the spouses, but also their children, who are often adversely affected by lengthy and contentious legal battles between their parents — proceedings that typically escalate the crisis and deepen tensions.
However, the dispute resolution process is not without its shortcomings. Chief among them is the fact that substantive meetings are conducted by professionals who are not attorneys. This creates an inherent challenge: facilitating productive dialogue between parties whose relationship has already broken down, with the aim of reaching a divorce agreement within this framework.
That said, the mandatory mediation requirement has, in many cases, laid the groundwork for a consensual divorce. Frequently, couples who complete the substantive meetings go on to engage a family law attorney who specializes in divorce mediation. The mediator’s experience and professional expertise enable them to conduct focused proceedings that address the core issues of the dispute, offering practical compromise solutions tailored to the couple’s unique circumstances.
In Conclusion
Legal Consultation for Dispute Resolution
Filing a dispute resolution request is a significant decision that involves complex personal and legal considerations.
We strongly recommend consulting with a family law attorney before taking this step, to ensure you make an informed decision that protects your interests.
Mor & Co.’s Family Law Department brings extensive experience to this area, handling complex family and divorce cases on a daily basis and providing skilled representation in court.
With years of dedicated practice in divorce law, our team is committed to providing strategic, client-focused guidance throughout every stage of the legal process.
For a no-obligation consultation regarding dispute resolution and divorce, contact us at 02-595-3322 or via WhatsApp at 050-441-1343.