Mediation Mediation

After practicing law for 33 years and observing the growing mediation movement, I have chosen to embrace it wholeheartedly. I firmly believe that litigation should not be our sole recourse for resolving disputes.

Mediation offers a new dimension to conflict resolution, which is peaceful, civilized, qualitative, efficient and cost -effective.

"The traditional recourse to court is a mistake that needs to be corrected. Our court system is too costly, too painful, too destructive, too inefficient for truly civilized people.". Warren Burger, U.S. Supreme Court Justice.

If we contemplate the wisdom of what this Supreme Court Justice once said, when we face a problem, isn't the most important thing to solve it, either in court or out of court? It is crucial to recognize that we possess other options in our arsenal beyond the traditional and often arduous path of court proceedings—namely, the constructive approach of mediation.

Mediation is a voluntary process where parties aim to resolve their disputes with the assistance of a specially trained third-party mediator, before resorting to court. It serves as an additional legal tool in our toolkit, combining legal security with a human touch at the same time. Our country has integrated this practice into its legal framework, inspired by the successful outcomes observed in neighboring European countries, as well as in America and Canada, where mediation has thrived for decades.

What is impressive and pioneering in mediation is that the parties themselves shape the terms of their agreement, making it a uniquely empowering process worth trying.

"An ounce of mediation is worth a pound of arbitration and a ton of litigation." - Joseph Grynbaum

The advantages of mediation include:

Time Efficiency: Cases are typically resolved in a matter of hours or days, avoiding prolonged courtroom battles.

Cost Efficiency: Mediation is significantly more economical, sparing parties from the financial burden of lengthy, multi-year court proceedings.

Mental Well-being: Legal battles are known to be mentally taxing and detrimental to our overall mental health over time. Mediation allows us to achieve resolution quickly, calmly, and in a civilized manner, enabling us to refocus on our lives and activities without the burden of prolonged legal disputes.

Improvement of Social Relations: When conducted effectively, mediation minimizes tension, hostility, and confrontation between parties, fostering a respectful relationship even in cases where agreement is not reached. Mediation is applicable in various areas including family disputes, national and international conflicts, property and commercial disputes, and medical negligence cases, with consistently impressive results.

Confidentiality and Discretion: Mediation allows disputes to be resolved in a confidential and trusted environment. Many entrepreneurs, couples, and companies opt for mediation to address internal issues and more, avoiding negative publicity and unnecessary expenses.

Enforceability: Agreements reached through mediation carry the same legal weight as court decisions when submitted to the appropriate Court.

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