Mediation and Arbitration

The solutions for dispute resolution out of Court : the mediation and the arbitration




Facing an exponential growth of disputes relating to all branches of law such as commercial law, civil law, international inheritance tax, and divorce law etc … The implementation of an alternative dispute resolution mechanism is essential to avoid long and costly procedures for both parties in the dispute.

From a commercial standpoint, the international business relations resulting from trade liberalization, have been growing outstandingly in the last two decades and due to the unsuitable state justice in resolving disputes between foreign companies, it has become necessary to propose a new method of alternative dispute resolution process likely to govern all contractual issues while respecting the imperative of celerity which remains the principle governing international trade.

Indeed, many companies are frequently facing difficulties in the interpretation or execution of contracts in the area of business relationships that have been concluded with their local partners. They are also facing difficulties regarding the overload of courts, the lack of knowledge of judges related to the application of specific foreign laws written in the contracts as well as excessive lead times in settlement of disputes.

Therefore, the cultural transition from litigation to compromise has promoted the development of a new procedure marked by the pre-eminence of the parties’ willingness.

This phase called « mediation » includes the intervention of a qualified professional, neutral or mandated by the parties to the dispute and whose objective is to lead the exchanges for the purpose of a prompt conciliation of their dispute.

For this purpose, the mediator does not act as a judge or arbitrator but rather as a « catalyst » whose primary mission will be to facilitate the understanding of the conflicting interests, respective demands and to allow the negotiations between the parties, with a view to reach a negotiated solution to their dispute, which may be recognized as a final court decision.

This type of procedure has many advantages:

  • Time-saving
  • Restraint of expenditure
  • Redaction of legal expertise in the frame of negotiations
  • Confidentiality of the exchanges between the parties
  • Protection of reputation / preservation of notoriety
  • Availability
  • Facilitation of communication – mediators fluent in many languages
  • Creativity in proposing solutions
  • Preservation of commercial relationships
  • Adjournment of prescription periods

In the view of an optimized settlement of dispute and aided by a real expertise in this field, the team dedicated to the Mediation as part of the law firm Abitbol & Associes, propose to all their clients a full accompaniment to all of the steps of mediation, from the negotiation phase to the conclusion of a settlement agreement under the supervision of Adv. Debborah Abitbol, Doctor in Law, Lawyer in Court of Paris and Jerusalem and also a certified mediator.

Our partners have a solid experience in French Law as well as Israeli law and have a very good knowledge and understanding of cultural and socioeconomic codes of the country, enabling them to take action in the mediation process while protecting the parties’ mutual interests.

Therefore, the ability to listen and communicate as well as analysis skills and professionalism, constitute our essential values promoted by our mediation department.





Médiation Arbitrage France-Israel

Facing the growing overload of courts and the time consuming delays of hearings, the parties are increasingly reluctant to appear before jurisdiction as soon as disputes arise related to business law or family law (inheritance, financial conflicts…).

From this point forward, the parties favour dispute resolution as part of the professional secrecy but they often face ignorance of the legal terms in Hebrew and especially the legal culture of businesses in Israel.

For this purpose, the courts strive to exclusively apply Israeli law although most conflicts are more complex in a legal standpoint and in particular from elements of foreignness requiring wider application of international law.

In the view of an optimal settlement of dispute, the arbitration procedure appears as an ideal solution. Indeed, the law governing arbitration in Israel called « h’ok haborerout » is very flexible and specifically intends to facilitate a quick and efficient solution.

Thereby, the exchanges can be conducted in French or in any other language understood by both the arbitrator and the parties who decide of the framework of the arbitration and especially of the applicable law, language, or even the professional experience of the arbitrator.

At the end of the procedure, the arbitrator’s decision is validated by the district Court and will be enforceable against third parties.

Advantages of the Arbitration Procedure :

  • Professional secrecy throughout the whole procedure
  • The costs are a lot less expensive than a judicial procedure in court (the beginning of the procedure requires to pay an amount of 2.5% of the bill of indictment),
  • Tight timetable of arbitration hearings agreed between the parties
  • The parties can communicate which is not possible at a trial
  • Israel is a signatory of the New York Convention which acknowledge the arbitration procedures established according to the western countries.

The law firm Abitbol & Associes has developed a department dedicated to arbitration in parallel and now offers its clients in the context settlement of their international disputes, a specific intervention of certified arbitrators and experts in the field of business and inheritance.