So you are a construction contractor involved in the erecting a residential building. Months went by since the completion of the project, and with the weather changing to heavy rains, you get a complaint from the client regarding leaking windows, roofs, etc. With the involvement of multiple contractors and vendors, this case has the potential to become a nightmare that can cost you several millions of shekels or dollars and waste your time in depositions and trial. People often underestimate the physical, mental and financial exhaustion involved in the litigation process. Hearings and filings in court, the expenditure of hiring good legal counsel and then the slim chances of winning the case. All this hassle can be avoided, in case of conflict resolution via mediation or arbitration.
Alternative Dispute Resolution (ADR) is an alternative to the litigation and trial and includes arbitration, mediation, etc. Following cases ( included but not limited to) are considered suitable for ADR:
The dispute related to matrimonial causes
- Disagreement between supplier and customers
- Disputes related to partnership
- Disputes between landlords and tenants
- Disputes regarding breach of contract
Let’s discuss mediation.
Mediation and Arbitration are alternatives to litigation and trial by a mediator or arbitrator, who guides and facilitates the discussion between counsel and the parties in gauging upon the issues of the case and finding their solution, thereby reaching a voluntary agreement without going to the court.
There are four types of mediation and arbitration processes;
MANDATORY MEDIATION AND ARBITRATION;
COURT ORDERED MEDIATION OR ARBITRATION
PRIVATE MEDIATION OR ARBITRATION
RABBINICAL COURT (BEIS DIN) MEDIATION OR ARBITRATION
Every party involved in the mediation process plays a pivotal role in planning the mediation and coming to a decision of mutual satisfaction. An Individual from each party should be included in making a binding decision on behalf of that party. The parties and the mediator should have a very good grasp on all the factual and legal issues.
Benefits of mediation and arbitration:
- ADR is a quick and effective method resulting in long-term results with common satisfaction since the issue is perceived as a problem that needs a solution.
- ADR can be conveniently managed at any time and place, by accommodating the schedule of both the parties and per their suitability,
- Any statement, document, record made in the period of mediation and arbitration by both the parties and the mediator or arbitrator has to remain confidential and cannot be presented anywhere else without the consent of both the parties.
- Case trials take years to conclude, while with any conflict can be resolved in a matter of hours or days in a mediation or arbitration.
- Since mediation and arbitration are comparatively informal as compared to the court proceedings and every party is actively involved in the discussion and negotiation, the level of satisfaction is escalated with higher rates of compliance.
- And the most crucial benefit of mediation is that you, the parties have the responsibility and authority to arrive at a decision.
There are numerous benefits of taking the alternative dispute resolution, mediation or arbitration, route instead of dragging the conflict to the court and wasting all the time and money. If you are involved in a murky dispute and don’t want it to turn into an affliction of countless depositions and trial, you can reach out to a business law firm in Israel, David Page Law. The David Page Law firm commands a network of international expert attorneys specializing in mediation, arbitration at national and international level alongside assisting those serving as mediator and arbitration in the house of judgment of Israel. They also provide legal assistance in cases of corporate governance, global medical device regulation, intellectual property, etc.