Page 14 - C.A.L.L. #23 - Spring 2004

Settling Disputes in the Kibbutz - Israel Wiesel
The first Kibbutzim, established 80 and 90 years
ago, were inspired by national goals. Disputes
occurred, even heated arguments, however these
differences of opinion concerned the way goals
were to be reached, education of the children and
such topics. The debate did not deal with the
rights of the member to the material assets of his
kibbutz. Even those who left kibbutz in those
years did not lodge complaints against the kibbutz
for possessions or property.
Today, as many kibbutzim are undergoing a
process of change, the need to solve differences of
opinion that are often extreme has accelerated,
not only between the member and the kibbutz, but
between groups of members and the kibbutz.
The following are examples of two main areas of
arbitration:
Business-economic
One kibbutz and another; a kibbutz and a regional
industry; a kibbutz operation and
one outside of the kibbutz; a kibbutz
and a movement cooperative; a
kibbutz and residents (renting
apartments in the kibbutz)
Social-community
A member and the kibbutz; a
member that is leaving and the
kibbutz; a couple that is separating; Israel Wiesel
the kibbutz and a group of members;
one member and another (for example,
neighbours).
Here are a few examples of the arbitration
process as an indicator of change in kibbutzim
today. In one kibbutz, a large group of members
have for many years received monthly 'rental'
compensation from Germany, for suffering, loss of
health and property during the Holocaust in
Europe. Over the years this income has been
taken for granted and deposited into the Kibbutz
account. Members did not voice complaint.
Currently, the kibbutz faces substantive change of
life-style in the direction of privatization and the
legitimization of private property. In particular,
in place of the equality of the value of work, the
kibbutz is now confronted with ranking work and
allocating a monetary value to work positions.
This leads to the evaluation of members' income
Israel Wiesel, member of Kibbutz Dafna, is Director of The Institute of Arbitration and Mediation of The
United Kibbutz Movement. Reprinted from Kibbutz Trends, Winter 2003.
8
and benefits. Members are now demanding that
this money should be given to each member
individually.
The Kibbutz General Assembly did not approve
this group's request. Some years ago, because of
the rules concerning compulsory arbitration
between a member and the kibbutz in cases of
dispute, the kibbutz decided to transfer this
matter to our Institute for Arbitration. A group of
members and the kibbutz, five representatives of
each side, appeared before a team of three
arbitrators who were kibbutz members
(understandably from other kibbutzim). An
extensive, emotional discussion took place for six
hours. The arbitrators then debated the issue and
decided that the money belonged to the members
and was to be transferred in a progressive
manner. By April 2004, the member would
receive the complete sum.
Nowadays, many members receive family
inheritance; these funds are not
deposited into the kibbutz account.
Moreover, city people have joined the
kibbutz and left apartments in the
city that they rent; the income is not
deposited in the kibbutz coffers.
Another example of an arbitration file
in this area: thirty years ago, a
member transferred to the kibbutz
inheritance monies, received from the
sale of an apartment. According to the agreement
between the member and the kibbutz, the money
was to be returned to the member only if he were
to leave the kibbutz. With the changes presently
occurring in the Kibbutz, for the very reasons
raised in the previous case, this member is
asking for his money, even if he doesn't leave the
kibbutz. The kibbutz agreed, in principle, to the
member's request. The arbitrators were asked to
decide on how and when the monies would be
returned.
Another popular subject for arbitration is related
to housing matters. Since kibbutzim are
confronted with the issue of members receiving
rights of ownership over their dwellings,
renovation and extension of dwellings receive
increasing attention.