Mediation as a means of conflict resolution has gained increasing popularity in Israel during the past decade. More and more judges are recommending and referring parties in dispute to a mediator in order to resolve their disagreement in a more efficient and cost effective manner especially in the area of family law. In many instances the Israeli rules of procedure now make it obligatory for the parties to attempt mediation before litigation can proceed further.
Unlike the process conducted before a court or an arbitrator, where a judge or arbitrator is obliged to base his/her decision in accordance with the law, a mediator has a different role, namely, to bring the parties to an agreement. Litigation and arbitration proceedings are concluded when one side “wins” according to the decision given by the judge or arbitrator, while a successful mediation process brings the conflict to an end by means of a binding agreement that theoretically benefits and satisfies both parties.
One advantage of the mediation process is that it is cost effective in comparison to court and arbitration proceedings.
In addition, mediation is a relatively quick process that usually only involves several meetings of the parties both jointly and individually.
A mediation proceeding in comparison to a court or an arbitration proceeding is an informal process that allows the parties to a dispute to actively participate in the mediation. Each party is able to present his/her claim in his/her native language, without the restrictions imposed by the rules of evidence that bind a court proceeding.
Mediation is a risk-free procedure as each party to the mediation is able to express his desire to stop the mediation at any stage of the process and for any reason whatsoever. In addition, there is no obligation to reach an agreement if the mediation process fails. Furthermore, the parties are prohibited from making use of any statement, material or evidence that was used during the mediation in a court hearing which may be held after the mediation process has failed.
A mediation agreement can be ratified by the parties before a court and such agreement will then be binding upon the parties.
Studies of mediation proceedings have shown that parties that have participated in mediation proceedings not only resolve the conflict between themselves but also have a far greater chance of maintaining their relationship after completion of the mediation, in contrast to the immediate rift created between parties to a conflict being waged before a court or arbitrator.
ARBITRATION
Modern commercial contracts usually stipulate that any dispute that may arise between the parties must be brought before an arbitrator especially when the parties to the contract reside in different jurisdictions. Furthermore. most commercial contracts appoint an arbitrator or an arbitrating body in the contract, for example, the ICA (International Court of Arbitration).
Recent amendments to the Arbitration Act of the State of Israel allow the parties of an arbitration proceeding the right of appeal to a judicial court in a similar manner to any court judgment.
COHEN SEGELOV & Co.
Cohen Segelov & Co. Advocates and Notaries have years of experience in mediation and arbitration and have acted as representatives of parties referred to mediation by the various courts in Israel and as mediators in cases where the parties have chosen to engage in the mediation process. Advocate Lisa Segelov has acted as a mediator in many family law disputes and Adv. Gidon Cohen has acted as a mediator in many commercial disputes. Furthermore, Advocate Meir Koren is an experienced mediator who has been accredited by the Israel Bar Association. Advocate Gidon Cohen has been nominated by the Israel Bar Association as an arbitrator in numerous cases
Cohen Segelov & Co. Advocates and Notaries have the skills and expertise that enable its clients to delineate the optimal strategy needed to ensure a successful outcome in any litigation, arbitration or mediation proceedings.
Many of the English-speaking clients of Cohen Segelov & Co. Advocates and Notaries have chosen to engage in mediation or an arbitration process that was conducted in the English language.
Please don’t hesitate to contact us for further information as to mediation.
Cohen Segelov & Co. Advocates and Notaries
Telephone: 972 3 613 4244
Fax: 972 3 6134245
Email: info@cslaw.co.il
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This article contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information contained in this article as an alternative to legal advice from us. If you have any specific questions about any legal matter you should consult us directly. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information contained therein.
