How Mediation or Arbitration Begins
A commercial dispute already creates enough uncertainty. The process itself should not add unnecessary complexity.
The objective at the outset is to define who is involved, what process is being used, how it will operate and what the parties should expect.
1. Initial enquiry
The first contact should contain only basic information:
- names of the parties;
- nature of the commercial relationship;
- short description of the dispute;
- whether proceedings are already underway, if relevant;
- whether the agreement contains a mediation or arbitration clause.
There is no need to send a complete case file at this stage.
2. Conflict check and process fit
Before accepting a matter, I check whether there is any conflict or other reason I should not act.
The next question is whether mediation, arbitration or another route appears appropriate.
3. Agreeing the framework
If the matter proceeds, the process is defined.
For mediation, this may include the participants, meeting format, timetable, fees and relevant confidentiality arrangements.
For arbitration, the parties will also need to address authority, scope and procedure within the applicable agreement and legal framework.
4. Preparing the relevant material
The goal is not to create unnecessary volume. It is to identify the material needed to understand the dispute.
This may include contracts, statements of work, key correspondence, financial information or relevant technical material.
In arbitration, the process for submissions and evidence is addressed as part of the procedural framework.
5. Meetings or hearings
Mediation
The process may include joint and separate meetings, clarification of the issues and exploration of possible settlement terms.
Arbitration
The parties present their positions and evidence within the agreed framework, followed by a determination once the process is complete.
6. Conclusion
If mediation results in agreement
The terms are documented. Each party may obtain independent legal advice and, where appropriate, take any further steps required to give the agreement legal effect.
Arbitration
The arbitrator issues an award within the scope of authority and applicable framework.
English, Hebrew and remote participation
Proceedings can be conducted in English or Hebrew and, where appropriate, remotely.
This is particularly useful for parties, counsel or decision-makers based outside Israel.
Related Services
Want to start with an initial enquiry?
Send the names of the parties and a short description. There is no need to send a full document set at the outset.
Call 054-2591002