What is the difference between mediation and court procedures – Part one

To make the best choice how to resolve a dispute, it is necessary to know the differences between a mediation and a court. Feel free to contact passi & patel if you need explanation about mediation or court procedures.The court proceedings are initiated by filing a complaint with the competent court, in which it is required that the plaintiff must pay the court fee for a lawsuit, and also need to submit a claim and the evidence supporting the allegations of the lawsuit.

Mediation is initiated by submitting a request to conduct a mediation procedure to a licensed mediator that is, not entitled to other taxes, and thus does not need to accompany the application. They can immediately submit any evidence other than documents containing basic data for the country they live in (ID card, current status and power of attorney).
Judicial proceedings are conducted in front of the judge who is assigned to take the case and the plaintiff has no right to choose the trial judge who will act in the resolution of dispute.

In mediation, the parties in the contentious relationship have choice, they themselves will decide which licensed mediator will conduct the procedure of the mediation. They have the right to opt for more mediators to mediate together in resolving their dispute.

Judicial proceedings are strictly formal procedure prescribed by law, while Mediation is an informal procedure whose flow and method of conducting are mutually decided by the parties under the mediation. The court proceedings are conducted exclusively in the courts (except when it comes to making necessary checks and investigations) while mediation is no restriction of this type, so the parties can find and offer mutual and creative solutions which will be conducted in the mediation procedure.

The court proceedings are initiated by filing a complaint from one of the parties that is acting as plaintiff, defendant so for this procedure not only is a volunteer actually forced as it was put in a situation to defend the prosecutor. The absence of the defendant from the proceedings leading to defeat and caused borrowing costs.

In mediation, the procedure is entirely voluntary for both sides, that is, if you decide a dispute through mediation depends equally by both parties, not just the one that initiated the first procedure. If the opposite party is invited into mediation to resolve a dispute and does not want to participate, mediation will not be implemented, or will be deemed to attempt to peacefully resolve the failed dispute.

This in turn makes the mediation procedure more effective in terms of litigation because when there is good will and determination to find a mutual solution to the dispute, the dispute will be resolved soon and there will be no need to wait for deadlines which in court procedure is strictly regulated and lasts longer than the mediation procedure.

In court proceedings when making a judgment a party remains unsatisfied which is the party that loses the dispute.

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