A mediation agreement is a legal document designed to regulate the conduct between the mediator and the parties, in accordance with the Court Regulations (Mediation), 1993. It states that mediation is “a process in which a mediator meets with the litigants to bring them to an agreement on resolving the dispute, including clarifying the disputed issues, disclosing necessary information related to the dispute, and suggesting possible solutions.” The agreement can involve two or more parties, whether individuals, business entities, or even countries. The parties in mediation serve as the litigants, and the agreement details the rights and obligations of the litigants and the mediator, including the arrangement of fees.
Mediation Agreement Draft
A mediation agreement aims to replace a court ruling but can obtain the status of a court judgment after being signed. Its purpose is to end the dispute amicably and respectfully, without coercion. Mediation represents an alternative approach and should include a meditative language based on agreement, cooperation, and mutual respect. The process does not seek to determine who is right, as a court often does, but to address the needs and desires of the parties and find common ground to resolve the dispute amicably.
Such an agreement should include:
- Cooperation from the parties with the mediator
- Commitment from the parties to share information with each other and the mediator honestly and in good faith
- Confidentiality of everything said during mediation, which cannot be used as evidence in court proceedings if they eventually occur
- Permission to consult with a lawyer or other professionals during mediation
- A commitment not to sue the mediator if the parties do not reach an agreement or are dissatisfied with the mediation process, provided the mediator acted professionally and in good faith
- The mediator’s assurance of no conflict of interest with any party
- Understanding that the agreement is as binding as a contract and that the court may grant it the status of a judgment
A mediation agreement is the product of a successful mediation process. The parties refer to it as an agreement, although it is essentially a contract reached by mutual consent. If any party wishes to amend or annul it, they must do so as with any other contract, proving that it was not reached voluntarily, was unreasonable, etcetera. If the agreement was approved by a court and given the status of a judgment, the court that approved it must handle its annulment or amendment.
A good mediation agreement should include the following parameters:
- Clear and understandable language for the parties
- Respectful wording and results achieved with the full consent of the parties
- The agreement is signed by the parties
- A good mediation agreement should anticipate future changes and remain valid even years after signing, as circumstances evolve
- A sample mediation agreement can be found on the government website as a downloadable mediation agreement.
Mediation Process
The mediator does not have the authority to make binding decisions, but is bound by confidentiality, neutrality, fairness, and good faith.
The mediation process is informal. It is not subject to the rules of evidence and procedure that courts follow, allowing for creative and alternative solutions that courts do not typically employ.
The mediation process can be divided into several parts:
- The first meeting usually involves the mediator explaining the nature and purpose of the process and the parties’ commitment to its proper conduct
- Subsequent private meetings with each party, where the mediator shows empathy, helps relieve negative emotions, and creates openness. The mediator will try to understand each party’s specific needs and find overlapping points that can be mediated.
- Each party then presents the dispute from their perspective and how they envision resolving the crisis
- The mediator presents possible solutions to end the dispute in a manner that respects both parties and is acceptable to them
- Drafting the agreements and a mediation agreement draft
- Making revisions and amendments
- Signing the mediation agreement
- If necessary, presenting it to the court for validation as a judgment
Mediation meetings are generally divided into three types:
- Private meetings: Each party is allowed to share information with the mediator that they do not want to be disclosed to the other party. The mediator learns what is important to each party, their boundaries, desires, and how they envision resolving the dispute. The mediator gets to know the parties and their limits, creating empathy and openness to release anger and find common ground.
- Joint meetings: These are the core of mediation, involving all parties to the dispute. Parties present the dispute and the solution they wish to achieve from their perspective, and the mediator guides them toward mutual agreements.
- Mediator meetings: Consultation meetings between mediators when there is more than one mediator (e.g., lawyers acting as mediators in a divorce process).
Divorce Mediation Agreement
A divorce mediation agreement falls under the broader category of family dispute agreements, and is the most common and well-known agreement. A divorce mediation agreement occurs when spouses want to save time, money, and significant distress for themselves and their children by reaching agreements on separation, property division, visitation arrangements, and starting independent and new lives outside the court.
In July 2016, the “Law for Arranging Legal Proceedings in Family Disputes, 2014,” also known as the “Divorce Mediation Law,” came into effect, requiring spouses deciding to divorce to first go through mediation.
During mediation, all court proceedings are suspended. It is conducted for free at the court’s assistance unit and includes four meetings. Lawyers can advise the parties but not participate in them. A lawyer and a social worker from the assistance unit will be present during the meetings.
Mediation avoids court fees, file opening fees, court appearances, and its cost is usually shared between the parties, as it involves a single mediator. The mediation process is relatively short and limited in time compared to lengthy and expensive court proceedings. Therefore, mediation is generally a much cheaper process than any legal proceeding, typically costing from a few thousand up to about 20,000 shekels in total.
Mediation Agreement Between Spouses
Not all mediation agreements must end in divorce. During mediation, the parties may resolve most of their disagreements and express willingness to continue their shared life. In this case, the mediation agreement will end in reconciliation or mutual agreement on how to conduct their lives to avoid similar crises in the future, based on mutual consent and agreement on rules they establish together.
This process is therapeutic, similar to couples counseling, but it addresses a deep crisis where divorce is a real option. The primary goal of couples mediation is to strengthen the relationship, rebuild trust and communication, and use the depth of the crisis as a bonding and strengthening force rather than a destructive one. Usually, it involves a lawyer trained and specialized in mediation.
Disputes can raise many emotions, harm your business, delay important family processes, and create significant economic and mental damages. Therefore, it is essential to find a sensitive and experienced mediator who is also a lawyer specializing in the relevant field of the dispute and in contract law, to find comprehensive personal and overall solutions.
Our office specializes in mediation, where you will find experienced lawyer-mediators who will be happy to meet with you, advise you, and answer any questions.
Feel free to contact us via the chat on the website or call: 055-9826594.