I’ll see you in Court, or better still mediation!
“I’ll see you in Court!!!?” How many times have we heard or said that, but in reality, going to court is not always the best solution. Chief Justice Warren E. Burger, (Ret.) of the U.S. Supreme Court once said “our system is too costly, too painful, too destructive, and too inefficient for really civilized people!” If this is true in the USA, how much more can it be applied to the Israeli legal system? Court proceedings are unpredictable, expensive, lengthy and just annoying. So why not choose mediation instead?
The Mediation process offers a cheaper, more efficient and more cost effective way to resolve a dispute. It generally results in a more satisfactory conclusion. Unfortunately, in Israel, unlike other jurisdictions, mediation is simply not used enough!
Mediation can be used by companies to resolve conflicts between employees; it is very effective when used with divorcing couples and for business partners. No matter the conflict, mediation should be seriously considered before filing those papers with the court.
The mediator meets each party jointly and privately. The mediator creates an atmosphere which is non – confrontational. Mediation offers all parties involved a way to resolve their grievances, it strives to provide an all encompassing and voluntary resolution to the dispute. In many cases some of these grievances will not even be addressed by the court of law. Mediation provides the parties with an opportunity to discuss and explore all facets of their dispute in the hope that a “win-win” result can be achieved.
At the end of the day, mediation is not about filing paperwork or about attorneys entertaining the client and the Judge. Mediation is about focusing on the needs of the parties involved. The parties discuss the issue or dispute, and through the assistance of a mediator they will work together to suggest ideas to reach a solution to their dispute. The mediator is a neutral, skilled third person who assists the parties in reaching a voluntary agreement. Mediation allows the disputed parties to take their fate into their own hands; nothing is imposed on them by a Judge!
Experience has shown that mediation really does work! It is not uncommon for disputing parties to start their battle in court, and then come to the conclusion that that their interests will be better served by coming to a mutual agreement through mediation, and not being submitted to the ruling of a Judge. So instead of running to court, you’d be better off to run to the mediator!