01/27/2011

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Israel: Mediation VS Lawsuits Everyone knows that the Israeli courts are overworked, and the parties can expect years of adjudication. Therefore, effective alternative to litigation may be a settlement of a dispute with a neutral Mediator - Lawyer ('megashera'). The essence of the procedure ('Mediation') lies in the fact that the parties voluntarily refer to a specialist, and come to a mutual agreement through negotiations, not waging a long legal battle. Compromise decision reached at the talks and certified by the court, is legally binding court and may be used in the department of judicial execution. It should be borne in mind that not all cases can be treated in the manner of mediation. Megasher has the right to consider the following cases: 1) for the parties, who had another financial-commercial relations and expected future income from the joint activity, and 2) the duration of conflicts between parties that litigation causes economic damage, and 3) conflicts with the basis of emotional overtones, and 4) for having no case solutions, which should be considered in closed session, and 5) in cases in which the bulk of the dispute be solved through compromise, and 6) in cases in which the parties interested in an agreement to end the conflict and not to transfer the case to court. However, there are things that can not be considered under mediation: 1) social conflicts, which have an important precedent, and 2) one of the parties to the conflict requires the adjudication of certain actions, and 3) in cases in which the law does not provide a procedure compromise settlement; What are the advantages of Mediation? There are many, we only list a few: 1) Mediation is a less formal manner than the usual case, and gives participants feel freer here is not mandatory compliance with all formal legal procedures,...