THREE DECADES OF MEDIATION IN ISRAEL: LEGAL EVOLUTION, INSTITUTIONAL GAPS, AND COMPARATIVE LESSONS Cover Image

THREE DECADES OF MEDIATION IN ISRAEL: LEGAL EVOLUTION, INSTITUTIONAL GAPS, AND COMPARATIVE LESSONS
THREE DECADES OF MEDIATION IN ISRAEL: LEGAL EVOLUTION, INSTITUTIONAL GAPS, AND COMPARATIVE LESSONS

Author(s): Omer Shapira
Subject(s): Civil Law, Comparative Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: ADR; mediation regulation; mediator qualifications; court-connected mediation; Israel; civil disputes; mandatory orientation; institutionalisation; ethics; reform; justice

Summary/Abstract: This article examines the institutionalization of civil mediation in Israel over the past three decades. Introduced in 1992 via legislative amendment, mediation was gradually integrated into the judicial system through regulations, a court-linked mediation unit, mandatory orientation sessions, and training standards. These reforms strengthened institutional capacity and increased referrals, yet despite these efforts, mediation remains court-dependent, underregulated, and limited in use. Drawing on legal sources, empirical data, and case law, the article critically analyses the Israeli model, highlighting structural and cultural barriers to broader adoption. It argues that successful adoption requires a cultural shift, sustained public investment, and coordinated engagement across sectors. The article offers policy recommendations, including comprehensive legislation, ethical oversight, educational efforts, and data collection. These insights may inform other jurisdictions and invite comparative dialogue on institutional design, the professionalization of mediation, and mediation as a tool for social reform.

  • Issue Year: 2025
  • Issue No: 108
  • Page Range: 89-110
  • Page Count: 22
  • Language: English
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