Mediation Proceedings within the Druze Community: Tradition V. Modernity

Abstract

Mediation is an alternative conflict-resolution method, in the framework of which the parties to the dispute engage in negotiations in order to resolve their disagreements. Druze Religious Courts are part of the court system in the State of Israel. The Druze Religious Courts Law, 5723-1962 was enacted in 1962, leading to the establishment of those courts. Since that time, members of the congregation have litigated before Druze religious courts, and Druze Qadis entered their judgments according to the rules of marriage law that are taken from Druze religious law and Druze custom. The Druze religion has also acknowledged the concept of mediation, and especially with respect to disputes that involve spouses. In the context of mediation, it should be remembered that the privilege and necessity of understanding, assessing and being creative belongs to the parties. Therefore, the [facilitation] of agreements and the “closure of files” are not the true standard by which the success of mediation proceedings is measured in terms of their social-educational aspects. The true standard consists of the degree of transformation experienced by the parties in all matters that pertain to their belief in their ability to manage their relationship and their disputes in the future.