Frequently Asked Questions About Commercial Mediation & Arbitration
What is the difference between mediation and arbitration?
In mediation, the mediator manages a process designed to help the parties reach their own agreement. The mediator does not impose an outcome. In arbitration, the parties give an arbitrator authority to determine the dispute within the arbitration agreement and applicable legal framework.
Do court proceedings need to exist before mediation?
No. Parties can explore mediation before litigation begins. In some cases, addressing the dispute early leaves more commercial options available.
Can mediation take place after litigation has started?
Yes, depending on the circumstances. Parties may still decide to explore settlement after court proceedings have begun.
Does the other party have to agree to mediation?
Mediation is based on voluntary participation. The parties must agree to take part in the process.
Does arbitration require an agreement?
The arbitrator's authority must come from a valid arbitration agreement or other applicable legal basis. The agreement may already be part of a contract or may be made after the dispute arises.
Are mediation and arbitration confidential?
They are conducted outside ordinary public court proceedings and may be subject to legal rules and contractual arrangements concerning privacy and confidentiality. The exact scope depends on the process, the parties' agreement and applicable law. It is better not to assume that every aspect of every proceeding is protected in exactly the same way.
How long does commercial mediation take?
There is no fixed timetable. Some mediations can be resolved within a small number of meetings, while complex disputes may take longer. Timing depends on the number of parties, complexity, availability and progress of the negotiation.
How long does arbitration take?
There is no universal duration. Arbitration can allow the parties to create a dedicated timetable, but the length depends on the complexity of the dispute, evidence, hearings and procedural framework.
Is mediation or arbitration cheaper than litigation?
It may use fewer resources in some cases, but there is no guarantee. Cost depends on the complexity, number of meetings or hearings, volume of evidence, professional advisers and the way the process is structured.
Do I need a lawyer in mediation?
The mediator is neutral and does not provide legal representation to either party. Parties may obtain independent legal advice and may choose to have lawyers participate where appropriate.
Can lawyers participate in mediation?
Yes, depending on the matter and the parties' preferences.
Is a mediation settlement binding?
A signed settlement may create binding obligations according to its terms and applicable law. Where relevant, the parties may also be able to seek court approval or another form of legal recognition.
Is an arbitral award binding?
An arbitral award is issued within the arbitrator's authority, and applicable law governs its status, confirmation, enforcement and any available challenge. The arbitration agreement and legal framework should be considered in each matter.
Can the process be conducted in English?
Yes. Mediation and arbitration can be conducted in English or Hebrew.
Can the process be remote?
Yes, where appropriate. Meetings or hearings can be conducted by video, and remote participation can be useful for parties or counsel located outside Israel.
Do you handle only technology and cybersecurity disputes?
No. The primary area of work is commercial dispute resolution across a broad range of industries. The technology, cybersecurity and privacy background is an additional advantage when those subjects form part of the dispute.
Can you handle a dispute involving a foreign company and an Israeli company?
Potentially, yes. English-language and remote proceedings can be particularly useful in cross-border commercial relationships. Governing law, jurisdiction, arbitration provisions and the appropriate forum should be considered for the specific matter.
What should I send in the first enquiry?
Start with the names of the parties and basic contact details. A short description is helpful but not required. There is no need to send a full set of documents before the initial conflict check.
Have a question that is not answered here?
You can send a short enquiry to see whether mediation or arbitration may be relevant.
Call 054-2591002