Arbitration in divorce proceedings – for, against and is it worth it?
Arbitration is an alternative legal process that takes place outside the walls of the court and aims to reach a sustainable agreement between the two opposing parties, which will stand the test of reality and time.
In recent years, the arbitration process has gained a place in many legal fields, including: the world of commercial law, consumer disputes, and more, when in the field of Divorce The arbitration process is recognized as the most common.
Why resort to arbitration?
Turning to arbitration in divorce proceedings offers a number of substantial advantages, which make this mechanism a natural choice for many couples.
The advantages of arbitration lead to the adjustment and optimization of the divorce process between spouses, which is characterized by its great sensitivity, the emotions involved in it, and the web of interests shared by both opposing parties.
A divorce arbitration process will often be much shorter than a legal process, which may last even several years.
The high intensity of the arbitration process allows the parties to complete it in a relatively short time and at significantly lower costs compared to the costs that would have been imposed on them if they had chosen a long and complex legal process.
In an arbitration proceeding, the parties are guided by the arbitrator to discuss all the questions involved in their separation, including disputes that may arise in the future, on issues such as: Foods, Property division, Custody Children And so on, while in court, only specific disputes that arose in the past will usually be discussed.
This allows for the formulation of a holistic and long-term solution between the parties, which will give them the ability to embark on a new path knowing that they have put the previous chapter in their lives behind them.
The short time and manner in which disputes between the parties are resolved in an arbitration process allow the parties to end it in as good a spirit as possible, and studies even show that this has a positive effect on the children of the couple in relation to divorce proceedings that take place in court.
Click here to read about it. The impact of the divorce process on spouses and children
The notable disadvantage of the arbitration process may also be considered an advantage – if the parties feel that they have been wronged or that the arbitration process was conducted in bad faith, they may go to court.
Choosing an agreed arbitrator
As a general rule, in Israel, any person interested in engaging in arbitration is permitted to do so.
However, the parties will usually reach an arbitration process after being referred to it by the court, and in order to be an arbitrator to whom a legal body is authorized to refer opposing parties, a person is required to meet a number of threshold conditions, which are detailed in the Ministry of Justice regulations.
Even if they have not been referred to arbitration by the court, it is recommended that the parties prefer an arbitrator who meets the requirements detailed in the regulations, which are designed to ensure a minimum level of professionalism and knowledge to conduct a high-quality and beneficial procedure.
Among the requirements detailed in the Courts Regulations (List of Arbitrators), 1996 for arbitration in family matters and divorce include: passing an arbitration course of at least 60 hours, a law license or a master’s degree in psychology, social work or educational counseling, and at least five years of work experience in the field being studied.
In addition, mediators on behalf of the court are subject to periodic evaluation that examines their level and performance.
Another important aspect of choosing an arbitrator agreed upon by the parties is that each of them must fully trust him, as this aspect has a critical impact on the chances of the procedure being successful.
The arbitrator has the duty to be impartial to either party in a manner that will allow him to decide their case professionally and in good faith.
Without meeting this basic requirement, a beneficial arbitration process for the benefit of both parties cannot take place.
Click here to read about it. Mediation in divorce proceedings
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