What are the advantages of mediation compared to legal proceedings? We checked - voila! Sentence

In the video: Attorney Maor Lalian explains about the mediation process (Editor: Dina Mahfoutz)

Mediation is a dispute resolution procedure that is suitable for a wide variety of fields.

But what is the difference between mediation and legal proceedings?

Attorney Maor Lalian came to the Walla! studio to talk about the issue in detail.

What is a mediation procedure and how is it different from a court procedure?

Mediation is an alternative procedure for settling disputes outside the walls of the court.

Usually when people are in conflict, they conduct it in court, but in a mediation process they try to resolve the dispute in another way, which is completely different from what happens in court, where each party submits pleadings, brings evidence and witnesses and has to prove the validity of his claims and the judge, who is a third party, should Hear both sides and decide who is right.

"In mediation as opposed to a court, we do not decide the conflict," says attorney Maor Lalian. "The mediator hears the parties and lets each party present its claims.

The procedure is more accepting and respectful.

The significant thing that happens in this procedure, in contrast to the court, is that in the framework of mediation, the parties are given the power to decide the conflict."

What are the advantages of mediation when it comes to a family dispute?

In cases of family disputes, a mediation procedure has a significant advantage since the vision is much broader.

In this procedure, the relations between the parties are also regulated for the future.

"Mediation foresees the future, while in the court there is a judicial decision for one side or another and the dispute is not actually resolved, but on the contrary, may be a basis for the next conflict," adds Attorney Lalian. "In addition, mediation gives the parties legal and economic certainty.

In a court of law, on the other hand, no party can be sure that the decision will be in his favor.

In mediation, the parties have control over the process and know what they will get.

The procedure is confidential and non-public, and this gives the parties the opportunity to bring things that they might avoid saying to the court."

A legal procedure is a long procedure, and in contrast, a mediation procedure is relatively short;

It is about a number of individual meetings that ultimately lead to savings for the parties in time and expenses.

"Each agreement within the mediation agreement is written down, the parties sign it, it is binding and has legal validity. If the dispute is conducted in court, the mediation settlement is submitted for approval by the court and it receives the validity of a judgment, like any other judgment given as part of a normal legal procedure ", noted Adv. Lalian.

Attorney Lalian says: "Usually the parties are referred to mediation by the court, sometimes before a lawsuit is filed.

The parties come to the mediation room with their lawyers.

We hear the parties with respect and listen to them.

They go through a process - from a situation where they were very far away, through mediation they get closer and maintain a dialogue.

As part of the procedure, the mediator can separate the parties and hold separate meetings, which cannot happen in court, and if a solution is not reached, it is important to remember that the procedure is not mandatory, it is a choice.

If one of the parties feels that he does not want to continue with the procedure, he can always go back, and there should be no impediment in this regard."

"It is important that it be professional, and that the process be conducted as a mediation process and not as a court-like process," concludes Attorney Lalian.

He should be patient and able to analyze the facts.

Another thing, it is important that the mediator gains the trust of the parties and this is actually the basis.

If the parties do not trust or have a connection to the mediator, the chances of the procedure being successful are not great."

For contact and more details, you can contact here or by phone at 053-4321595

to the office page on the legal website.

The article is courtesy of Zap Legal

In collaboration with legal zap

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• family law

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