A mediator is a professional who aims to resolve disputes by mutual agreement. A good mediator is someone who knows how to find common ground and connect people, guiding them to a solution they create together using various techniques. How to choose a mediator in Israel when the market for mediators is unregulated, and in fact, anyone can define themselves as a mediator, whether they have undergone training or not?
It is very important to check their reviews and do a little bit of research before choosing the right mediator for yourself. A good mediator will know how to sense the needs and boundaries of each party and try to find overlapping common points to reach agreements that respect both sides. Mediation can take place at the request of the parties, as a preliminary procedure before going to court, or by a court order when both parties agree to it.
The personal abilities of the mediator are very important. Firstly, it is important that all parties involved in the dispute feel comfortable with the mediator and agree on them. Otherwise, it will be difficult to develop trust and openness with the mediator, reducing the chances of successful mediation. The purpose of the mediation process is to reach a mediation agreement that, if necessary, will receive the status of a court ruling.
Can a Mediation Agreement Be Canceled?
A mediation agreement that has been ratified as a court judgment is legally binding. If you wish to cancel it, you must petition the court that approved the agreement and demonstrate that it meets the legal grounds for cancellation. These grounds include duress, lack of free will, incomplete understanding of the agreement’s content, concealment of information, bad faith, errors in the agreement that justify its annulment, unreasonable exploitation, or illegal or extremely disrespectful demands.
Mediation is regulated under Section 79C of the Courts Law, 1984, and the Courts (Mediation) Regulations, 1993.
Is Mediation Required Before Legal Proceedings?
Mediation can take place before legal proceedings, during legal proceedings, or by court referral if both parties agree. However, the chances of success increase if mediation begins at the outset. Once a legal dispute has already arisen, parties may consider which route might yield more favorable outcomes, potentially affecting the good faith, openness, and compromise required for mediation.
Recommended Mediator
A key to successful mediation is the willingness and commitment of all parties involved, including a willingness to compromise and collaborate with the other side. Without this, mediation is purposeless, and the case should be taken to court. Even the most skilled mediator cannot achieve an agreement if the parties are not open to it. If there is a willingness, the mediator’s role is to find the middle ground between the parties.
10 Rules on Hw to Choose a Mediator:
- Professionalism: There is no substitute for training and learning various techniques from a recognized institution. Do not hesitate to ask for the mediator’s educational background, thoroughly read their website, and contact their references (ask the mediator for phone numbers). Inquire how many similar disputes they have resolved and in what manner.
- Neutrality: A successful mediation relies on the mediator’s ability to remain non-judgmental and unbiased, not favoring any side. The mediator must detach from personal opinions and view the dispute from a professional perspective. They should be pleasant, accepting, attentive, and free from prejudices. The mediator should not have any prior acquaintance with any of the parties or be in a conflict of interest.
- Expertise in the Field: The mediator should deeply understand the area of the dispute to find the best mediation solution for you.
- Additional Qualifications: Does the mediator have other qualifications besides being a mediator? For instance, being a psychologist, coach, or social worker can provide additional tools to assist you. It’s highly recommended that the mediator be a lawyer specializing in the area of the dispute to offer a comprehensive legal perspective on the issue.
- Experience: Regardless of certification, some skills are acquired only with time. While this may be your first dispute in this area, a professional mediator has likely seen dozens of cases similar to yours. An experienced mediator has encountered many situations and people and knows how to use their experience to maximize the mediation process. The more experienced the mediator, the more varied and effective their tools to assist you.
- Recommendations: Like in any field, a mediator with many recommendations attesting to their effectiveness increases your chances of being satisfied with the process.
- Personal Connection: Without a personal connection, it is hard to build trust in the mediator, which reduces the chances of successful mediation. Some people prefer an assertive mediator who can lead the parties and prevent them from arguing, while others prefer an empathetic and attentive mediator.
- Availability: Ensure the mediator is available during the process for issues that arise and afterwards for problems that may surface as circumstances change.
- Interpersonal Skills: A good mediator is one who can read the people before them, understand their needs, think creatively, be patient and empathetic, and propose solutions that meet those needs.
- Reliability and Integrity: For mediation to succeed, the mediator must convey reliability and be perceived as intelligent so that the parties can trust them and feel comfortable with their guidance as an authoritative figure. The mediator creates this trust through close relationships with the parties.
Conducting the Mediation Process
Unlike a judge or arbitrator, the mediator does not come to decide the dispute. They listen and use their experience, skills, and training to find bridges to reach agreements between the parties and thereby resolve the dispute without coercion. However, the agreement drafted at the end of the day – the mediation agreement – is binding, and can even be given the status of a court judgment.
The mediator is expected to meet with each party separately and then together, and there may be meetings between the mediators if there is more than one mediator. This depends on the complexity of the dispute and the number of participants. In any case, the mediation and everything said in it cannot be used as evidence in court and must remain confidential.
The importance of knowing how to choose a mediator
Disputes can evoke strong emotions, harm your business, delay important family proceedings, and create significant financial and emotional damages. Therefore, knowing how to choose a sensitive and experienced mediator who is also a lawyer specializing in the relevant field of the dispute and in contract law is crucial for finding comprehensive personal and legal solutions. Our office specializes in mediation and has experienced lawyer-mediators ready to meet with you, advise you, and answer any questions.
Feel free to contact us via the chat on our website or call: 055-9826594.