a service of kanafilaw - an integrative practice
Unparalleled international dispute resolution experience.
Germany, India, Israel, East, West and Southern Africa. Values- and Purpose-driven, integrative conduct of billion-dollar negotiations, international treaties and everything in between. Proven cross-border competence to resolve your conflict.
Avoid litigation, save time and money, and preserve relationships. KanafiADR mediates — providing a neutral facilitator of negotiation between parties in conflict, businesses, workers, and employers. We also assist in negotiations for the prevention of conflict, at the early stages of forging a business relationship. Feel free to explore the website and schedule a consultation to see how KanafiADR can help you avoid, and solve, disputes collaboratively and cooperatively.
Don't compete, cooperate!
WHAT IS APPROPRIATE DISPUTE RESOLUTION (ADR)?
Appropriate dispute resolution refers to all the ways to resolve a dispute without going to court and litigating. It can range from talking out the problems directly, all the way up to arbitration — a very formal proceeding similar to court ligation.
In general, ADR is faster, cheaper and more private than going to court.
Mediation — a popular form of ADR — provides a powerful forum for resolving conflict. The participants meet with a neutral mediator who assists them in identifying their underlying interests and needs and harmonizing these with those of the other parties. In many cases, it is possible to do so while creating value outside the narrow confines of the specific dispute, with participants often reporting that their relationship is stronger than it was before the outbreak of the conflict. Worldwide, more and more parties are choosing to mediate BEFORE resorting to the courts today. This process is characterized by a number of properties unique to the mediation process.
MEDIATION IS:
COST-EFFECTIVE
It is quicker than litigation due to its less formal nature and requires fewer resources. Parties may represent themselves, although they may also be represented by counsel.
CONFIDENTIAL
Proceedings may not be used or quoted in later legal (or other) proceedings. The mediator(s) cannot be called to testify in court.
CONSENSUAL
If a party is dissatisfied at any time they may unilaterally stop the proceedings, or ask for modifications.
The mediator is not a judge, rather a facilitator.
COLLABORATIVE
In court, relationships are destroyed by the nature of the process. Mediation is concerned with value creation rather than distribution, and with preservation and where possible rehabilitation of the relationship between the participants.