Lawyers
Request for dispute resolution as a preliminary step to divorce proceedings
As of 2016, there has been a material change in the divorce proceedings, according to which before filing lawsuits against each other, the spouses are required to file a dispute resolution application. The couple is invited to mediation meetings within the assistance units of the courts and only if the attempt at conciliation is unsuccessful will they be able to start the divorce proceedings in the courts.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What is a dispute resolution request?
The Law for Arranging Litigation in Family Disputes Requires couples wishing to divorce to participate in a preliminary proceeding, before they can initiate legal proceedings. This procedure is called a dispute resolution application, which is submitted to the Family Court. As part of this, the parties are referred to the assistance unit at the court, which is staffed by social workers and psychologist.. The assistance unit will schedule the parties for a number of meetingsThese are acronyms stand for:information, acquaintances and coordination) in which the employees of the assistance unit will try to bring the couple to an agreement on the divorce issues.
Once a dispute resolution application has been filed and up to 45 days thereafter, the parties are barred from filing any divorce-related claim. The purpose of this restriction is that the couple will give a real opportunity to the dialogue and will not be able to use this as a strategic step to gain an advantage in divorce over the other party. It is important to note theat the copules may Requests temporary relief ,which will be determined according to the circumstances of the case. For example, a restraining order to leave the country, a request for a ruling on temporary alimony, decisions regarding child custody, etc.
The importance of legal representation
The divorce process has far-reaching consequences for the couple and therefore, is of great importance To have legal representation already at the stage of dispute resolution. There are several reasons for this: First, because there is significance to which party submitted the request for dispute resolution. Why? Since,in the event which the mediation process does not succeed, the party who filled thr request will be able toOpen legal proceedings against the spouse in the court of his choice, within 15 days. Due to the material differences between the Family Court and the Rabbinical Court, This is a very significant deliberative advantage .
Secondly, The mediation process within the assistance unit is managed by social workers who do not have a legal education and are not proficient in the legal issues at hand. Therefore, it is very important that each spouse be represented by an attorney on his or her behalf, who Will be able to promote the discourse for compromise in a professional and effective manner, while preserving the client’s rights , including submitting applications for temporary reliefs when necessary . If the mediation sessions are not successful the attorneys will continue to represent the couple throughout the divorce proceedings until its conclusion .
Is the change in the law for the better?
There is no doubt that The purpose of the law Is to promote resolution within family disputes, without litigation The purpose: To assist in resolving family disputes such as divorce, through dialogue and conciliation instead of litigation. This should make it easier not only for the spouses themselves, but for the children, who are adversely affected by conducting a lengthy and tumultuous legal process between the parents, Which usually escalates the crisis and tensions between them. However, A request for dispute resolution is not a flawless procedure and above all the fact That the essence meetings are conducted By professionals who are not lawyers. In such a situation, There is naturally a difficulty in bringing the parties whose marriage has its difficulties to conduct an effective dialogue which will give rise to a divorce agreement and bring an end to the dispute within this framework.
At the same time, it can be said that the very obligation to apply for mediation, before applying to the courts, has in many cases to form the basis for a consensual divorce. More than once, the couple, at the end of the substantive meetings, turn to a divorce mediation procedure with a mediator lawyer who specializes in family law. The experience and professional knowledge of the mediator allows him to conduct a focused mediation procedure, which goes down to the depths of the disputeIt offers compromise solutions that are suitable for the couple and their circumstances.
In Conclusion
Legal consultations regarding dispute resolution
It is not an easy decision to initiate a dispute settlement procedure, which is accompanied by a number of personal and legal considerations.
We strongly recommend that you consult with a lawyer specializing in family matters and divorce to make the right decision for you
Mor & Co.’s family law department has extensive experience in this area of law. Our firm handles complex family and divorce cases, as well as representation and litigation in courts on a daily basis.
As a firm with extensive experience in the legal treatment of divorce cases, we undertake to do our utmost to make our clients aware of our rich experience, maintain and be cautious in all matters related to the legal process, and take care of their interests.
For legal advice (with no obligation) in matters related to the dispute resolution and divorce procedure, we invite you to contact us at 02-595-3322 or on WhatsApp at the number: 050-811-6181
