Disputes and conflicts in business are quite common. Like in every relationship between people or companies, also in the business world, there are often events or crises that may bring a legal war and harm the business and its partners. Any professional director knows that disputes and conflicts will happen along the way and that it is not always possible to avoid them. Therefore, the manager is required to ask him or herself two substantial questions: how can I minimize the chance of disputes and, should a dispute arise, how can I solve it the best way possible?
A director who wishes to solve the disputes in the company, business or organization they manage in the best possible way, in all measurable parameters, must be familiar with the civil mediation process and consider using it before taking any additional measure to solve the dispute.
Civil mediation is an alternative process to litigation. The objective of civil mediation is to bring an agreed solution in a way of talking and negotiating, without having to start legal proceedings. Within the civil mediation process the mediator helps the parties find creative solutions to terminate their differences peacefully and, where possible, help generate new cooperation and additional profits to all parties involved.
Even though there are many rules dealing with solving civil disputes, the best solution to such disputes is civil mediation. During the mediation process, the parties are granted with the privilege and freedom to act creatively and according to their subjective values and needs.
Civil mediation allows for an inclusive care for all issues on the table. During the civil mediation we deal with practical and legal questions about the conflict, the factors that led to the conflict, the emotional consequences caused to the parties and in finding creative solutions to allow both parties end their disputes with a feeling of dignity and justice.
During a civil mediation process, the parties meet with the help of the mediator who, by using the tools available to him, can, in turn, assist them to reach creative agreements that will allow them both to profit from this process, often more than they initially expected.
The civil mediation area grows increasingly popular in Israel and abroad. The reasons for this are that the civil mediation process allows for creative, quick and relatively cost-effective solutions. In addition, it enables the continuation of the relationship (this is most important in areas where there is a relatively small business community) and prevents worsening the dispute.
A solution achieved by a civil mediation process remains confidential and discrete (unless the parties agreed otherwise). This is a great advantage to everyone involved, as they get to maintain their reputation and the privacy of their business.
Why go to civil mediation first rather than to legal proceedings?
When the parties initially go to legal proceedings, they may miss out on many advantages they could have had, had they gone to civil mediation. Legal proceedings as a first resort, make the other party react with legal proceedings of their own, and from hereon, the route to court is short. When, on the other hand, the party that feels offended and wants to get what it deserves approaches the other party with an invitation for civil mediation, it will be perceived as a peaceful act and as desire to prevent a legal war. This kind of approach, provided in the first stage, will increase the chance to bring the other party to the table and increase the desire to solve the dispute through discussion.
Sometimes, when the relationship between the parties does not allow for direct communication, the party interested in mediation finds it difficult inviting the other party to mediation. In such cases the mediator can turn to the other party and, using his professional tools, bring them to the civil mediation room.
International Civil Mediation
When the dispute involves parties of various countries, or parties that speak different languages, it is possible to hold civil mediation also via video calls in times fitting all parties involved. This has particular advantage in solving disputes between individuals or companies in different states, also because the litigation costs, when regarding different states, are significantly higher and the time required to end the conflict through litigation will be significantly longer than required in civil mediation. Thus, international civil mediation saves time, money and bureaucracy to all parties involved.
Generating a New Partnership and Improving Relationship as a Result of the Civil Mediation
A crisis is a golden opportunity to improve a hostile relationship between conflicted parties. To us, the point in which the conflict broke is that in which the parties say they are unable to continue acting as before and a change is needed to in order to enable a different, more positive action than before. Naturally, at the beginning of the process, the parties struggle to see the opportunities for cooperation but, as the civil mediation progresses, they will see more common grounds and gain perspective on their dispute with regards to the bigger picture. This wider view enables creative solutions that will allow the parties to reach an agreed durable solution.
Q&A about Civil Mediation
Q: Who is the target audience of civil mediation?
A: Civil mediation is designated for anyone caught in a dispute and wishing to end it quickly, efficiently, with confidentiality and without suffering expensive legal fees – whether the dispute is between two companies, a provider and a client, a consumer and a company, partners or any other situation including at least two parties who disagree about the way to solve their differences.
Q: Can we bring lawyers to a civil mediation?
A: There is no obligation for a lawyer to be present in a mediation process. However, if having a lawyer present on your behalf will help you feel more confident and make better decisions, you are most certainly welcome to bring your lawyer for the mediation session.
Q: What is the cost of civil mediation?
A: The cost of civil mediation is much cheaper than the cost of litigation at court. The cost of civil mediation is determined by the amount of hours required to reach an agreement and draft one, where needed. The cost of a mediation hour in our offices is between 450 NIS to 800 NIS from each party (the prices include VAT).
Q: Is there an obligation to act according to the law during a civil mediation?
A: Decisions made during mediation process cannot contradict the criminal law. Yet, mostly, it is not obligatory to act by what would have happened should the case arrive at court. The law may serve as a point of reference and anchor for decision making during the mediation, but we can certainly think about creative solutions beyond the letter of the law, all according to the parties’ desires and their consents during the mediation process.
Q: Is an agreement achieved in civil mediation legally binding?
A: Certainly. An agreement achieved in mediation, approved, and signed by both parties, is legally binding. It can be submitted to court in order to make it a verdict. The agreement achieved by mediation is more powerful than that achieved by legal proceedings, since the parties agreed on the solution on their own, willingly, without any coercion.
Q: How long does it take to reach agreements in civil mediation?
A: Civil mediation usually takes a few sessions, over a few days or weeks. Most mediations end within 2-3 sessions of two hours each.
Q: Where does the mediation take place?
A: The mediation can be held in any of our offices in Israel and around the world, according to your convenience and the availability of your favorite mediator. In certain cases, the mediation can be performed in your company offices.
Q: Who are the mediators at Nishri Mediator offices?
A: Our mediators are senior and experienced mediators, who underwent the best required trainings and accumulated great experience during the years in various areas of mediation.