In essence, the mediation process is a process of negotiations, whose goal is to reach a solution that will be agreed upon by the parties to the conflict. These two elements – negotiation and agreement – are learned from his definition in the law: “Mediation – a procedure in which a mediator is intended with the parties to bring them to agreement.”
Mediation proceedings may be opened independently by the parties’ request to the mediator or by referring the parties to the court proceedings by the court.
The mediator has no authority to decide the dispute between the parties. Its purpose is to reconcile the parties and convince them to reach agreement. When the parties to the dispute reach an agreement, an agreement called “bridging agreement” will be signed.
It is important to emphasize that the entire mediation process is based on the consent of the parties, and if one of the parties wishes to discontinue the mediation process at any stage, it may do so, provided that the decision is made before the parties sign the mediation agreement. From what was agreed.
In recent years, a pre-mediation process has been instituted before a civil suit is submitted to the court – a meeting of the courts in the courts (information meeting, familiarity and coordination). This procedure is free of charge. This is an initial meeting, and it appears that the whole idea is to promote the mediation process and to introduce it as a norm among society as a whole and in the legal process in particular. This meeting is managed by a mediator, in which the parties to the dispute will examine, together with the mediator, the suitability of the legal process to the dispute. This measure is intended to promote an independent approach to mediation prior to submitting claims to the court. The parties are usually required to present themselves (or accompanied by a lawyer) so that the parties to the conflict can express an unmediated position on the issue. The mediator at the meeting has the authority to meet with anyone involved in the conflict, as well as the authority to meet with a party who agreed to this, without the presence of his attorney.
As in the mediation process, things that were given during the meeting are privileged and will not be used as evidence. Only after the meeting is held shall the parties inform jointly whether they agree to transfer the claim to mediation or seek to continue hearing it in court.
The mediation process can be used to settle disputes of various kinds, such as:
Family disputes: child custody, alimony, distribution of property, estate division, management of a family company, etc., and finally reaching an agreement such as divorce and / or a joint life agreement and / or peace house.
Business disputes: Disputes between partners, shareholders and partners. Business mediation is a quick process that enables the solution of business disputes.
Civil and commercial disputes: supplier-client issues, investments, interpretation of contracts, disputes between neighbors, employer-employee relations, etc.
There are many advantages to the mediator’s face, including:
Savings in court management costs.
Save time spent on trial management.
Resolving the conflict very quickly.
Reaching an agreed solution without the risks involved in conducting a legal proceeding.
Mr. Boris Perlman and the firm’s staff have extensive experience in mediation proceedings of various types, extensive experience in the management of trials in various courts, which gives an advantage when preparing a mediation agreement and providing a quick and professional solution to each client from small customers to the leading companies in the market today.