Mediation is another way to end a dispute between two parties.
In Israel, dispute are quite frequently resolved in court. We are sure that the court will resolve any matter in the best possible way.
Only when we are in the midst of a legal matter do we understand that it is not necessarily true.
In practice, a judgement is an act of violence for the following reason.
Two people submit their claims to the court, where a judge decides.
The decision is binary: you are right or wrong; you pay the other person or vise versa.
There is no middle ground.
Thus, judgments are clear, cold, obligating and one sided. In other words, once the judge has ruled, all you can to appeal in certain circumstances.
Mediation is completely different
First, the mediation is conducted only upon agreement of the parties to participate in the process and accept the result. If any of the parties is not satisfied with the proposed solution, it can refuse it. The mediation would then continue.
Secondly, a wide variety of solutions can be provided as part of the mediation process, some of which are not available as part of court procedures. These include defendant providing discounts on future purchases by the complaining party when the former is currently unable to pay.
The third difference is the time. Mediation takes less time than court procedures. The main reason for that there is no need to call witnesses, examine and cross examine them, etc. Everything is done by agreement
Mediation has a special advantage in family matters
While the legal procedure is clear cut, family ties often last for many years until the minor son or daughter reaches the age of 18. In these case, the mediation procedure allows parents to maintain good relations despite the divorce to the benefit of their minor children. When the connection between the parents remains positive, it allows preparation of joint bar and bat mitzvahs. Children enjoy seeing both of their parents together at celebrations.
Itamar Landau, Attorney at law, is certified for general mediation, including family matters. He has organized courses on the subject in order to train other attorneys to be mediators.
To schedule a meeting, please leave your contact information or call 052-5572252.