Mediation and arbitration are not simply litigation under a different name. They are different processes with different incentives, different evidentiary rules, and different paths to a binding outcome. Effective representation in each requires a posture distinct from courtroom advocacy.
Arbitration calls for an understanding of what arbitrators actually do, and don't do, relative to a judge. Their procedural latitude. Their hostility to surprise. The limited grounds for setting aside an award. The strategic weight of arbitrator selection. The choice of arbitrator and procedural framework often shapes the outcome more than the substantive law itself.
Mediation is a different exercise entirely. It is not the construction of an argument designed to prevail, but a strategic disclosure of position designed to move the other side toward a workable resolution. The skill lies in knowing what to concede, what to hold, and when the conversation has shifted from positions to interests. At that point, a settlement becomes possible.
How we can help
- Representation in commercial arbitration under a contractual clause
- Applications to confirm or set aside an arbitral award
- Applications to stay court proceedings in favour of arbitration
- Representation in mediation, including drafting the settlement agreement
- Drafting arbitration and mediation clauses
Frequently asked questions
Can an arbitral award be appealed?
Generally not, unless the parties agreed in advance on a right of appeal. An award may be set aside only on the grounds listed in section 24 of the Arbitration Law, 1968, and the application must be filed within 45 days of the award being delivered.
What is the difference between mediation and arbitration?
In arbitration the arbitrator decides, and the award is binding; once confirmed by the court it is enforced like a judgment. In mediation the mediator does not decide; they help the parties reach agreement, and without agreement there is no binding outcome.
I was sued in court, but the contract has an arbitration clause. What should I do?
You can ask the court to stay the proceedings and refer the dispute to arbitration, but it must be done early: a party who argues the merits before applying for a stay may lose that right.
These answers are general information, not legal advice. Every matter depends on its own circumstances.
Representation throughout Israel
Representing clients from all over Israel and abroad, before every court in the country. Meetings by appointment in Netanya or Tel Aviv.