Mediation and Alternative Dispute Resolution

Zeidman & Co. has special expertise in managing mediation and conciliation proceedings. Thanks to the multidisciplinary expertise of our attorneys, we serve as mediators in complex business disputes, as well as personal disputes.

The rich experience we have accumulated in the fields of commercial, corporate, employment, finance and business law provide us with an in-depth professional understanding of complex negotiations, and the ability to efficiently and dedicatedly manage sensitive conciliation and mediation proceedings concerning commercial disputes and complex disputes over financial and property questions.

Mediation

Resolving a dispute through mediation is recommended, as it helps the parties avoid high costs and protracted legal proceedings that may take many years.  

Mediation enables to resolve disputes, especially between parties who have an ongoing business relationship and wish to continue it despite the dispute. This allows the parties to reach solutions by way of agreement without “breaking the bond.”

Mediation may take place during legal proceedings between the parties. The mediator assists the parties in identifying and defining their realistic positions in the dispute and on their basis to reach agreements that will eliminate the need to continue the legal process and bring an end to the dispute. The parties may then ask the court to validate a judgment on the agreement reached in the mediation.

It is usually recommended to exhaust a professional mediation process before going to court. Mediation is also effective in resolving conflicts and disputes between business partners who wish to reach separation agreements. The same is true in cases of dispute resolution in family businesses, and in the peaceful settlement of business disputes between companies and individuals without legal conflict.

The mediation process is simple and purposeful. First, all parties to the dispute meet with the mediator in order to present to him their claims, their common interests, and their differences. The parties may or may not be represented in the proceeding.

In the next stage, each of the parties is also given the opportunity to meet separately with the mediator, in order to speak more freely, and to share any additional matters without the other party present, or to elaborate on matters that they do not wish to raise in the presence of the other side.

Eventually, all parties meet again together with the mediator, with the aim of reaching fully joint conclusions and understandings, and at the conclusion of the process, the mediator assists the parties in reaching a solution, including assisting the parties in formulating and drafting the terms of the agreement.

Common areas for resolving conflicts or disputes through mediation are business disputes:

  • Between competitors or business partners; 
  • Personal disputes; 
  • Disputes between neighbors; 
  • Marital disputes regarding family; 
  • Inheritance disputes; 
  • Municipal disputes – between residents and the local authority; 
  • Conflicts in the world of Laborlabor.
Zeidman

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