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In a world in which the vast majority of conflicts are solved outside of the court, or in negotiations during court proceedings, this novel Clinic, led by advocate, mediator and social worker Dana Feinreich-Gilo, aims to utilize the tools of ADR (Alternative Dispute Resolution) in order to promote the rights of matginalized communities and empower them.

The formal legal process is characterized in many cases by structural failures and barriers such as high financial costs, and procedural constraints, and most importantly – it does not address the roots of the dispute. The judicial decision, therefore, often does not bring the conflict to “a real” solution. These barriers are especially disadvantaging for people from marginalized communities who have limited control over the legal process and suffer further silencing within it.  

On the background of these challenges, ADR – in its different forms: mediation, negotiation, arbitration, etc – has developed and is becoming increasingly popular. The Clinic seeks to take these tools and direct them specifically in order to promote human rights and empower marginalized communities. In order to do so, before the beginning of the school year, all students in the clinic participate in a mediation course, and at the end of it are certified mediators.

The clinic is accompanied by an academic seminar taught by Prof. Orna Rabinovich Eini, with the dual goal of, first providing the participants with theoretical tools to examine the procedures in which they engage in in their practical work; and second, as a forum for critically examining and refining the theories in light of their experience.

 Clinic Staff

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During the year the students will engage in various projects concerning ADR:

• The clinic will be involved in shaping policy concerning ADR with the main goal of safeguarding the procedural and substantive rights of individuals from marginalized communities. Thus, the Clinic submitted comments to the Ministry of Justice concerning new Mediation Regulations.
• The Clinic has begun a project in houses (in the community) of people with disabilities, teaching them tools of ADR, and helping them apply these tools to their lives.
• Small claims court mediation – in partnership with the Center for Conflict Resolution in Haifa – “Beit Hagefen”, the clinic will be referred cases from Small Claims Court.
• The clinic is forming the infrastructure to engage in mediation in marginalized communities such as refugees, people with disabilities, people in poverty, the elderly. ADR can be relevant both for intercommunity disputes and for disputes between members of the community and people from outside the community.

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