Reservations

Israel recently ratified the Singapore Convention on Mediation on 8 January 2025, with the Convention entering into force on 8 July 2025. Israel has made a reservation in accordance with Article 8(1)(b) of the Singapore Convention on Mediation. In making this reservation, Israel takes the position that the Singapore Convention on Mediation will only apply if parties to the settlement agreement agree to its application.

Implementing Legislation

On 7 August 2019, Israel signed the Singapore Convention on Mediation and incorporated it into Israeli law via Amendment No. 103 to the Israeli Courts Law 5744-1984 on 22 July 2024. The amendment, titled the ‘Courts Law (Amendment No. 103), 5744-2024’, added a provision allowing the Israeli courts to record an international mediation settlement agreement – that is within the scope of the Singapore Convention on Mediation– as an Israeli court judgement.

Following this revision to the Israeli Courts Law, the proposed Courts Regulations (Implementation of Singapore Convention on Mediation with Regard international Mediation Settlements) 5781-2021 may be enacted as well. This proposed Courts Regulations will likely govern the procedure of a party’s application for an international mediation settlement agreement to be recognised and/or enforced by the Israeli courts.

Additionally, the proposed Courts Law (Amendment No. 107) (International Settlement) 2023, would enable the effective ratification of the Singapore Convention on Mediation in Israeli law. The proposed amendment seeks to include the definition of the term “international mediation arrangement” under subsection (a) of Section 79C of the Israeli Courts Law and align it with Article 1 of the Singapore Convention on Mediation. This proposed amendment will also lay out an enforcement mechanism for international mediation settlement agreements that are in accordance with the Singapore Convention on Mediation. Lastly, the proposed amendment dictates that the procedure for the submission of a request for the recognition or enforcement of an international mediation settlement agreement governed by an international treaty that Israel is signatory to, will follow that of the Singapore Convention on Mediation.

Together this would allow parties to effectively enforce an international mediation settlement agreement in Israel via having the international mediation settlement agreement recognised as an Israeli court judgement.

Procedure for Enforcing International Mediated Settlement Agreements

The procedure for the enforcement of an international mediation settlement agreement following the Singapore Convention on Mediation should be governed by the proposed Court Regulations (Implementation of Singapore Convention on Mediation with Regard to International Mediation Settlements) 5781-2021.

Amendment No. 103 also added Article 79C(2)(9) to the Israeli Courts Law. This enables Israeli courts to directly enforce international mediated settlement agreements under the Singapore Convention on Mediation as court judgments. Parties would have to explicitly state that the Singapore Convention on Mediation is applicable as well.

Other National Mediation Laws

The legal framework for mediation in Israel is governed by the Mediation Law 5269-2009 (the “Mediation Law”). It was passed by the Knesset in 2009. This law governs the procedure of mediation as well as the recognition and enforcement of mediation settlement agreements. The Mediation Law also ensures the confidentiality of mediation proceedings and prevents parties from utilising mediation proceedings as evidence in court for subsequent legal proceedings. Further, it dictates the requirements for the appointment of mediators for a mediation. Other related laws facilitating mediation in Israel include the:

• Mediation Law was preceded by the Courts Law amendment of 1992. This allowed Israeli courts to refer civil disputes to mediation or arbitration if the disputing parties consented to it; and

• Courts Law amendment of 1992 was also accompanied by Courts Regulations (Mediation) of 1993 and 1996. Together they set out: (A) the scope of confidentiality of mediation proceedings, (B) the prerequisites and training requirements for mediators, and (C) the mediators’ duties and responsibilities.

Relevant Parliamentary Debates/Documents

• Transcript No. 360 From the meeting of the Constitution, Law and Justice Committee; Sunday, June 30, 2024, at 14:00

• The Book of Rules, Courts Law (Amendment No. 103), 5744-2024, July 23, 2024

Press Releases

• Israel ratifies the United Nations Convention on International Settlement Agreements Resulting from Mediation

Table of References

 

S/N	Publication Type	Author	Publication date	Title and Full Citation
1	Media release	Co. (Law firm), Gilad Katz, Noam Zamir	05/12/2023	Litigation 2024 – Israel – Trends and Developments (https://s-horowitz.com/publications/litigation-2024-israel-trends-and-developments/)
2	Court Law Amendment	Knesset	23/07/2024	[Translated] The Book of Rule, Courts Law (Amendment No. 103), 5744-2024
3	Media release	Herzog Fox & Neeman (Law firm), Roy Schondorf, Saar Pauker (Dr.), Benny Winston	29/7/2024	The Implementation in Israeli Law of the United Nations Convention on International Settlement Agreements Resulting from Mediation, Signed 7 August 2019 (https://herzoglaw.co.il/en/news-and-insights/the-singapore-convention-on-mediation/)
4	Press Release	United Nations	10/01/2025	Israel ratifies the United Nations Convention on International Settlement Agreement Resulting from Mediation (https://unis.unvienna.org/unis/pressrels/2025/unisl368.html)
5	Article	Honourable Judge Edna Bekenstein and Advocate Ari Syrquin	-	Mandatory Mediation – the Israeli Pilot (Link)