The dream of mediation as a motor for societal development towards interest-based decisions is present in most countries. The mediation movement in Israel was no exception. But there are deep differences between mediation and case settlement. The first relies on a deep understanding of the interests of all parties and on a creative, unique and sustainable solution. The latter mostly means a quick settlement, a compromise, a possibility for people to go through the court system in a quicker way.
Just like in many countries, mediation was installed in the court system with very different hopes: for mediators it represented the possibility to bring sustainable solutions to conflicts (mediation), for the courts it was the possibility to get cases through the system as quickly as possible (case settlement). For a long time though, it wasn´t clear that people were actually talking about two completely different things.
Moti makes a case for a clear differentiation and analyses the developments in Israel from a multi stakeholder perspective. He shows how the mediation dream is mostly dead but the case settlement dream is thriving.