Professional mediator in Israel explains

If you ever experience an interpersonal conflict or a business dispute, you should consider the services of a professional mediator in Israel. There are several legal ways to resolve intractable conflicts and disputes. Professional mediation is the option that generally demands the least monetary, emotional, and interpersonal costs. Additionally, mediation is usually the quickest way to resolve a legal conflict.

This article will explain the valuable services of professional mediators in Israel, outline the mediation process, and offer tips for selecting the right mediator to resolve the dispute.

At Decker, Pex, Levi, a law firm based in Jerusalem and Tel Aviv, you can consult a credentialed mediator with legal expertise and qualifications to facilitate the mediation procedure.

Benefits of Working with a Professional Mediator in Israel

When most Israelis think of resolving a conflict or addressing civil harm, they think of litigation in front of a judge or of a contentious negotiation between the legal advocates of the two parties. However, these antagonistic methods for settling disputes can take a heavy emotional and economic toll. There is a third way that is legally binding and official, namely the mediation process. As we will explain in this article, professional mediation is often the best course of action and has several clear advantages over litigation or negotiation of a settlement.

Choosing a professional mediator in Israel can offer several advantages over traditional litigation:

Cost savings: Mediation is generally less expensive than going to court.
Time efficiency: Mediation can resolve disputes much more quickly than court proceedings.
Confidentiality: The mediation process is private, allowing parties to discuss sensitive issues without fear of public exposure.
Control: Parties have more control over the outcome as they work together to reach a mutually satisfactory agreement.
Preserving relationships: Mediation encourages collaboration and reconciliation instead of a combative and antagonistic posture. Therefore, mediation is a far less distressing conflict resolution method, and it can help maintain positive relationships between the parties.

The Mediator’s Obligation to Confidentiality

In Israel, attorneys have an obligation of confidentiality to their clients. Similarly, professional mediators in Israel must safeguard the privacy and confidentiality of the mediation process and its participants. It is illegal for the mediator to use any information revealed to them during the mediation process for anything besides mediating the conflict. The courts’ law in Israel also states, “Anything provided in the context of a mediation proceeding shall not be used as evidence in civil litigation.” The assurance of confidentiality and protection of the parties from any new information being used against them in court is essential to establish trust and confidence in the process and the mediator.

The Mediation Process

The mediation procedure in Israel (Hebrew: gishur) is governed by the Courts Law 1984 (section 79c) and the Courts Regulations on Mediation 1993. Judicial policy on mediation is formulated and formalized by the Judicial Authority’s mediation department.

The process generally involves the following steps:

Agree to mediate: Both parties must voluntarily agree to participate in mediation.
Choose a mediator: The parties select a credentialed mediator in Israel by considering their experience, field of expertise, and personal compatibility.
Sign a participation agreement: At the start of the mediation, the parties freely commit to a set of agreed-upon rules and boundaries that regulate the mediation process and their obligations within it. This agreement is signed and is legally binding.
Mediation sessions: The mediator facilitates discussions, helping parties understand their respective positions and find common ground. They may also have sessions with each party separately to hear from them individually. Their legal counsel may or may not be present during the sessions, depending on the mediator’s preferred methods and the mediation participation agreement signed by the parties.
Write a resolution agreement: If the parties reach a consensus, the mediator writes a legal document outlining the agreement. The written agreement may also include a non-disclosure agreement if both parties agree to that stipulation.
Validate the agreement: Once the parties sign the written agreement, it becomes a legally binding contract. A best practice is for the parties and their mediator to bring the unsigned document to the judge and sign it in their presence. When the judge validates the agreement, they register it with the authorities to give it the same legal status as a court ruling or injunction.

Choosing the Right Professional Mediator in Israel

Selecting the right professional mediator in Israel is critical to a successful mediation process. Consider the following factors when choosing a mediator:

Credentials: Choose a professional mediator with a relevant academic degree and a mediation certificate. The mediation department of the Israeli Judicial Authority publishes a national list of approved credentialed mediators.
Expertise: Select a qualified mediator with specific knowledge of the legal issues involved in your dispute and a comprehensive understanding of Israeli law.
Communication skills: A good mediator must be an excellent listener and communicator.
Facilitation skills: An effective mediator must be skilled at conflict resolution and able to address complex issues, helping parties to find common ground.
Impartiality: Ensure that the mediator is impartial and has no conflicts of interest.
Experience: Look for a professional mediator in Israel with a proven track record in handling cases similar to yours.

Contact Us

If you are seeking the assistance of a professional mediator in Israel or have any questions about the mediation process, contact our law firm. With offices in Jerusalem and Tel Aviv, we are here to help.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.