Advocate Yoram Bitan/Nati Hadad
On paper, the "Law for the Settlement of Litigation in Family Disputes 1975-2014" is intended to help couples who wish to divorce and families in conflict to reach a solution in an amicable way and without the intervention of lawyers. But, has the law really achieved its goals, by keeping the clients away from the lawyers? Attorney Yoram Bitan, who deals with family and inheritance law, explains why the dispute resolution law may be problematic for people who do not understand its meaning, and what they can do to avoid making a mistake and signing a divorce agreement or other agreement, which they may regret for the rest of their lives.
What is the dispute resolution law?
Adv.
Its purpose is to help spouses, parents, and their children settle family disputes by agreement and peacefully, and to reduce the need for legal litigation in court, while taking the children into account."
What are the main principles of the law for conflict resolution?
"The law requires that an attempt be made to negotiate and talk between the spouses before submitting claims to the courts The differences in family matters.
This is done by submitting a "dispute settlement request" in a family court or rabbinical court.
Then the parties to the conflict are invited to an informal meeting (information, introduction and coordination) at the assistance unit next to the court or court.
The law requires the citizen to attend this meeting to resolve the dispute, and no lawsuit can be filed before the dispute settlement procedure is completed.
It is forbidden to come to the first meeting with a lawyer.
But the law does not prevent talking by phone with a lawyer during the meeting for the purpose of consulting with him."
Before her to attorney Yoram Bitan on the ZAP legal website.
The article is courtesy of ZAP legal
Is this law a restrictive law?
"Of course. Nowadays, when a client comes to me, they want to immediately file claims for alimony or divorce, etc., in order to seize authority, with the aim of conducting the process in a court of their choice.
But then I have to tell them that first they must submit a "dispute resolution request" which stops everything."
The problem is that most people come to a dispute resolution meeting without knowledge and understanding of the consequences of such a discussion in the aid unit. We are not all equal. Even between spouses there are One is experienced and knows more and one less, one is more educated, one is a lawyer by profession and the other is not, one wants to solve the problem and the other does not, one received preliminary advice from a lawyer, etc. Legitimate. But the parties arrive in a room where social workers and people who are not related to the world of law sit And the trial, and the result of these "meetings", if a written agreement was reached - is binding. Therefore, as a lawyer, I prepare my client well, before his arrival at this meeting in the assistance unit. Because every word the client says, may complicate him, and the most problematic thing is that he may sign on documents that will complicate him and cause him harm later in life.
The aid units try to lead to an agreement, through their in-house lawyers, to an agreement that will later be approved in court and there is no turning back from it. Then the client may say, 'What nonsense did I do, why did I give up everything that was important to me '".
What are the advantages and disadvantages of each of the ways of resolving the conflict according to the law?
"The answer is complex, because the advantage of the procedure is the delivery of preliminary information to the conflicting parties regarding the possibilities of settling the dispute outside the walls of the Court of Appeals and not through a legal procedure - and the biggest disadvantage is the obligation to conduct such a preliminary procedure which is unnecessary, expensive, burdensome and cumbersome, while infringing on the right of immediate access to the courts Legally, through a professional lawyer chosen by them to carry out the task. The disadvantage is greater than the advantage, since the lawyer chosen by each party in the conflict will give them this information anyway."
What types of disputes can the law be used for conflict resolution?
"Only in conflicts between family members, between spouses, parents and their children."
Are there any types of disputes to which the law does not apply?
"All other types of conflicts that are not family disputes do not require the conduct of a dispute settlement procedure. But even in family disputes there are some exceptions, which do not require a dispute settlement procedure, such as: divorce and consenting marriage, lawsuits according to the Hague Convention Law (abducted children), lawsuits For consensual paternity, approval of an agreement, appeals and legal proceedings, lawsuits for the enforcement of judicial decisions.
What happens if one of the parties refuses to participate in the dispute resolution procedure?
"Beyond the obligation to attend the first meeting, there is no obligation to participate in the meeting and/or the other meetings, and you can sign immediately at the meeting The first is on "Form 3" with a request to end the procedure immediately. The aid unit will report to the judicial court about failure to appear, and the judicial court may impose financial expenses and other sanctions on those who did not show up for the meeting."
Can the parties be forced to accept the results of the dispute resolution procedure?
"In principle, there is no way to force the results of the procedure, which is essentially voluntary, and at the end of it only recommendations are given. However, if the parties nevertheless decide to use the mediation and negotiation services of the aid unit and reach an agreement, and approve it in court, then it is binding as a judgment for all intents and purposes .
It is enough that one party does not want to continue, so that the dispute resolution procedure can be stopped, and everyone can continue on their way with the lawyer of their choice."
What happens if the dispute resolution procedure fails? Can the parties still go to the courts?
"Yes.
However, according to the law, for at least 60 days - it will not be possible to submit a claim to a judicial court."
Do you think the dispute resolution law actually achieves its goals?
"Absolutely not - because from the beginning its purpose was to prevent the "race of powers" that was practiced between family courts and the Rabbinical Court.
However, the law actually strengthened and worsened the problem, since it states that the person who initiates and initiates a "dispute settlement" procedure is the only one who receives the right to initiate proceedings first in any judicial court where he wishes." What are,
in your opinion, the main challenges in implementing the dispute settlement law? Would you recommend changes In the law?
"Basically, I would recommend abolishing it completely, mainly due to the enormous total cost of the entire system established under it and due to its inefficiency and low effectiveness, while harming the freedom of choice.
After all, the lawyers have the presumption to offer their clients all the alternatives to the settlement of the conflict at the same time as conducting the legal proceedings, and while they provide their clients with legal support, even in these proceedings, something that is now expressly prevented from them by the provisions of the law.
And I see this as even a violation of the freedom of practice, and even a violation of the good name of the community of family law lawyers and the trust placed in them." Would
you recommend changes to the law?
Yes. I would make the provisions according to it a permission and not an obligation. Or at least at the same time give the possibility to start legal proceedings In my opinion, the prohibition set forth in the law to open legal proceedings should be immediately revoked, which greatly harms the legal community, the management of the proceedings, the clients who become captive clients of the aid unit, and on the other hand, no professional responsibility is imposed on the staff of the aid unit for damages and/or negligence on their part Due to wrong advice and recommendations for taking wrong actions from a strategic and tactical point of view."
Interested in consulting with attorney Yoram Beitan? Go to the website, or call: 052-9708039
In collaboration with legal zap
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