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and practical exam administered by the Ministry of Justice. The persons
fulfilling these conditions may act as mediators by registration to the
mediators registry and may commence their services from the date of
registration.
Basic Principles of Mediation
The Law and the Regulation set forth the basic principles of mediation.
Being Voluntary and Equal
The Law stipulates that the parties are free to decide whether to
utilize mediation, sustain and conclude the process or withdraw from the
process. The parties must first decide to resolve the conflict by mediation.
No party may be included in the process against his will and all parties
have the option to withdraw from mediation at any time.
Moreover, the parties shall have equal rights in their recourse to
the mediator and during the mediation procedure. A party may not be
excluded from the mediation process and one party’s right to speak may
not be restricted in reference to the other party.
Confidentiality
Unless otherwise agreed by the parties, the mediator must keep
confidential all information, declarations, proposals, documents or other
records submitted or acquired by any means throughout the mediation
process.
The obligation of confidentiality includes all persons working with
the mediator, as well as any interns. If the mediator acts against the
confidentiality principle, legal and penal sanctions may be imposed.
Declarations and Documents that Cannot be Disclosed
The Law sets forth that in the event there is a lawsuit filed or
arbitration proceedings conducted stemming from the dispute, the
parties, the mediator or a third party including those involved in the
mediation may not cite as evidence any of the declarations, information
or documents submitted during the mediation process. These declarations
and documents include the following: