Request for dispute resolution: the stage that sets the rules of the game
Since 2016 no family claim can be filed in Israel without first going through a preliminary procedure. The request looks technical, but it decides two substantive questions: who files first, and in which forum the case will be heard. Those two decisions shape what follows more than any other document at this stage.
"It is the shortest document in the divorce file, and it generates most of the consequences. Anyone who files it without thinking discovers what it meant at the first hearing."
Adv. Ester Efrati · Head of the Family and Inheritance Department
What a request for dispute resolution is
The Family Dispute Resolution Law, enacted in 2016 as a temporary provision and extended since, sets a mandatory preliminary stage before family claims may be filed. Instead of opening with a claim, one party files a request for dispute resolution with the family court or the rabbinical court.
The request itself is short and contains no allegations. It is not a claim and does not require the dispute to be set out. Once filed, both parties are referred to the assistance unit attached to the court, and a period begins during which no claims may be filed.
What the law is trying to achieve
Two things. First, to give the parties a real opportunity to reach agreement before the file turns into a confrontation. Second, to prevent the race for jurisdiction that prevailed before, in which each side rushed to file in the forum that suited it, sometimes within hours of the separation.
When it is required, and when not
The requirement applies to most family proceedings between spouses and between parents and their children: property claims, support, custody and parenting time, and a divorce claim in the rabbinical court.
The main exceptions
- Urgent relief. Applications that cannot wait, such as a protection order or an order preventing a child from being taken abroad, are not conditional on the preliminary procedure.
- Domestic violence. The law recognises situations in which referral to the assistance unit is unsuitable, and these must be examined individually with the court.
- Proceedings not between family members within the meaning of the law.
Deciding whether an exception applies is not a technical matter. Filing a claim without the preliminary procedure where no exception applied may lead to it being struck out, and sometimes to a costs order. Conversely, giving up urgent relief out of concern for the procedure can be expensive.
The timetable: 45 days plus 15
This is the practical part worth knowing before filing, because every stage in it is counted in days rather than estimates.
- 45 days from filing. A stay period in which neither party may file a family claim. During it the parties are summoned to the assistance unit meetings.
- A 15-day extension. The period may be extended by consent of both parties where there is reason to continue the dialogue.
- 15 days of priority for the filer. When the stay ends, the party who filed the request has a window in which only they may file a claim, in the forum of their choosing.
- After that. If the filer did not file, the way opens for the other party to file first, in the forum of their choosing.
Note the point many people miss: the priority window does not start on the day of filing but at the end of the stay period. Counting from the first day risks missing the deadline and losing the advantage entirely.
The assistance unit meetings: what actually happens
These are known in Hebrew as MAHUT meetings, an acronym for information, acquaintance and coordination. There are up to four meetings at the assistance unit, conducted by social workers and psychologists rather than by lawyers.
At the first meeting the parties receive information about the available proceedings and about alternatives to litigation. Later meetings explore whether agreement can be reached, sometimes with mediation. Attendance at the first meeting is mandatory; continuing beyond it depends on the parties.
What is worth knowing before you go
- The meetings are confidential. What is said in them is not evidence in the legal proceedings.
- Lawyers do not attend the meetings themselves, but the parties may, and should, take advice before and after each one.
- Failure to attend may count against a party later, and sometimes leads to a costs order.
- This is not couples therapy. The purpose is regulation, not repairing the relationship.
Because the person leading the meeting is not a lawyer, issues with deep legal significance, such as resource balancing or career assets, may remain outside the discussion. That is the main reason for parallel legal guidance.
Choice of forum and the filer's advantage
In Israel two forums have jurisdiction over family matters for Jewish couples: the family court and the rabbinical court. On certain issues the substantive law applied differs, mainly regarding spousal support, the ketubah and some aspects of property.
Whoever files first at the end of the stay period effectively determines the forum. This is the central procedural advantage that the preliminary procedure created, and it is why the decision on timing and forum must be taken before the request is filed, not after.
What goes into the decision
- The nature of the issues in dispute and their relative weight.
- The law that would apply to each of them in each forum.
- The speed of proceedings and the caseload.
- Whether earlier proceedings exist between the parties.
Interim relief during the stay
The bar on filing claims does not leave the parties unprotected. The law allows applications for interim relief where circumstances justify it.
- An order preventing departure from the country to stop a child being taken abroad or a party leaving.
- Interim support to arrange immediate financial provision.
- Interim parenting arrangements to secure stability for the children during the interim period.
- Attachment and asset preservation orders where there is a concern that assets are being moved.
An important distinction: an application for interim relief is not a claim and does not cancel the preliminary procedure. That said, an unjustified application may be read as an attempt to circumvent the period, and may harm the applicant's position.
What happens when the period ends
Three possibilities open up at the end of the stay period, each with a different consequence.
- Agreement was reached. The parties submit an agreement for court approval. This is the fastest and cheapest outcome, and the one that leaves the decisions in their hands.
- No agreement, and the filer files a claim. The file opens in the forum they chose, and the legal proceedings begin.
- The filer does not file within the priority window. The right passes to the other party, who may file in the forum of their choosing.
Even where the preliminary procedure did not produce a full agreement, partial agreements are often reached in it. These are worth recording, because they narrow the scope of the dispute in the claim and shorten the proceedings.
Mistakes that cost dearly
These are the failures we see repeatedly at this stage, and all of them are avoidable.
- Filing quickly without choosing a forum. The choice of forum follows from the file, not from the wish to be first.
- Counting the days wrongly. The priority window begins at the end of the 45 days, not on the day of filing.
- Arriving at the assistance unit unprepared. Even though the meeting is confidential, the understandings formed in it follow the file.
- Giving up urgent interim relief. Concern about the stay period is not a reason to leave a child or an asset unprotected.
- Agreeing to an extension with no purpose. An agreed extension is justified where there is progress, not as a way of postponing a decision.
In summary
A request for dispute resolution is a short form with long consequences. It determines when a claim may be filed, who files first and in which forum, and all of these shape the route the file takes.
The purpose of the law is sound, and the procedure does prevent some confrontations. But anyone who treats it as a formality discovers later that the procedural concession has already been made. The preparation required is not lengthy, but it has to happen before filing.
For what comes next see the divorce process, and for the consensual alternative see a reconciliation agreement with a divorce alternative.
To speak with us: Jerusalem 02-5953322 · Tel Aviv 03-3030430 · WhatsApp 050-4411343
What people ask us about a request for dispute resolution
Is a request for dispute resolution required before a divorce claim?
In most cases yes. The Family Dispute Resolution Law requires a preliminary procedure before family claims are filed, including a divorce claim in the rabbinical court. Exceptions exist, mainly for urgent relief and in situations of domestic violence, and they must be examined individually.
How long is the stay period?
45 days from the filing of the request. It may be extended by a further 15 days with the consent of both parties. During that period no family claims may be filed, but applications for interim relief may be made.
What is the first filer advantage?
At the end of the stay period the party who filed the request has a window in which only they may file a claim, in the forum of their choosing. Because the substantive law applied differs between the family court and the rabbinical court on some issues, that choice carries real weight.
When does the 15-day priority window start?
At the end of the stay period, not on the day of filing. This is a common mistake that leads to missing the deadline and losing the advantage entirely. If the extension was used, the count begins at the end of the extended period.
Is a lawyer present at the assistance unit meetings?
No. The meetings take place between the parties and the staff of the assistance unit. Even so, it is strongly advisable to take legal advice before and after each meeting, because the understandings formed there follow the file.
What happens if a party does not attend a meeting?
Attendance at the first meeting is mandatory. Failure to attend may count against a party later in the proceedings, and sometimes leads to a costs order. Where there is a genuine impediment, the assistance unit should be notified and an alternative date requested.
Can what I say in the meetings be used against me?
No. The meetings at the assistance unit are confidential, and what is said in them is not evidence in the legal proceedings. The confidentiality is meant to allow an open discussion. An agreement signed as a result of them, however, is fully binding.
What interim relief can be sought during the stay period?
Among other things, an order preventing departure from the country, interim support, interim parenting arrangements, and attachment or asset preservation orders where there is a concern that assets are being moved. An application for interim relief is not treated as a claim and does not cancel the preliminary procedure.
Can the request be filed without a lawyer?
It can. The request itself is short and contains no allegations. But the decisions that flow from it, above all the timing of filing and the choice of forum, are legal in nature. Most mistakes at this stage are not in the form but in the timing.
What if I did not file a claim during the priority window?
The right passes to the other party, who may file first in the forum of their choosing. In that case the procedural advantage gained by filing the request is lost.
Does the preliminary procedure also apply to common-law partners?
The law applies to disputes between family members as defined in it, and the question is examined according to the nature of the relationship and the relief sought. For common-law partners the application of the law should be examined individually, particularly on property issues.
Can I file the request even if I am not yet sure about divorcing?
Yes, and it is often done. The request is not a divorce claim and does not commit you to continuing. That said, it signals to the other party that the process has begun, so it is worth first considering alternatives such as a separation agreement or a reconciliation agreement with a divorce alternative.
All pages in the Family and Inheritance department
The separation itself
The divorce processLeaving home before divorceReconciliation or divorceRequest for dispute resolutionDissolution of marriageEconomic abuseRestraining orderBreach of a divorce agreementThe children
Child supportChild support claimIncreasing or reducing supportSupport for a child born outside marriageCollecting support through National InsuranceSpreading a maintenance debtCustody and parenting timeShared parentingThe tender years presumptionChanging a custody arrangementRelocating abroad with the childrenParental alienationDealing with an alienating parentGuardian ad litemSurrogacyPaternity claimThe Youth (Care and Supervision) LawVisual parenting plan builderProperty and agreements
Prenuptial agreementSame sex prenuptial agreementSame-sex marriageNotarised prenuptial agreementDissolution of joint ownershipCareer assets and goodwillSelling the apartment on divorceCommon law partnersInheritance and estate planning
Wills and inheritanceInheritance between same-sex partnersEstate planningWills in estate planningIntergenerational transfer in estate planningTrustsDynasty trustSpecial needs trustInheritance orderProbate orderAgreements between heirsInheritance disputes between siblingsContesting a willNo-contest clause in a willLet us decide on the timing and the forum
A short consultation meeting with a lawyer from the family law department, in which we will look at when to file, in which forum, what interim relief is needed now, and how to prepare for the assistance unit meetings.