On the commercial side, international business relations resulting from the liberalisation of trade have expanded remarkably over the last two decades. Because state courts are ill-suited to resolving disputes between foreign companies, it became necessary to offer a new alternative way of resolving conflicts, able to deal with all contractual issues while respecting the need for speed, the principle that governs international trade.
Many companies in business relationships frequently face difficulties in interpreting or performing contracts concluded with their local or international partners, as well as overloaded and slow courts, judges unfamiliar with the specific foreign laws referred to in the contracts, and excessive delays in handling their disputes.
The shift from a culture of litigation to a culture of compromise has led to the emergence and development of a new procedural technique, in which the will of the parties prevails.
This process, known as “mediation”, involves a qualified professional, neutral or appointed by the party or parties to the dispute, whose aim is to conduct discussions with a view to a swift settlement of their dispute.
The mediator does not act as a judge or arbitrator, but rather as a “catalyst” whose primary task is to help the parties understand the conflicting interests and their respective claims, and to enable negotiations between them, so as to reach a negotiated solution to their dispute which may be recognised as a final court decision.
This type of procedure offers many advantages:
– Time savings
– Cost control
– Expert reports drafted as part of the negotiations
– Confidentiality of exchanges between the parties
– Protection of reputation
– Availability
– Easier dialogue – multilingual mediators
– Creative solutions
– Preservation of business relationships
– Suspension of limitation periods
With a view to resolving disputes efficiently, and drawing on real expertise in this field, the dedicated mediation team at ABITBOL & ASSOCIÉS offers all its clients tailored support at every stage of mediation, from the negotiation phase through to the conclusion of an amicable settlement agreement, under the supervision of Debborah ABITBOL, Doctor of Law, member of the Paris and Jerusalem Bars, and certified mediator.
Our team has solid experience in both French and Israeli law, as well as a thorough command of the country’s cultural and socio-economic codes, enabling them to act throughout the mediation process while safeguarding the interests of all parties.
Attentive listening, analysis and professionalism are the core values of our mediation department.