David Silvera pic copy

Interview-David Silvera, Speaker WMS 2016

QUESTIONS

 

Please answer those questions you consider more appropriate:

 

  1. What requirements do you think a good mediator should have?
  1. A mediator’s work is to change the interactions between parties and improve communication, In order to create a change, by means of re-framing the problem that is at stake. A professional mediator should be able to deal with conflicts by means of dialogue strategies e.g. effective listening, mirroring, re-framing, and re-focusing. Also –observing body-language’ voice intonation, emotions and facial expressions.
  2. The mediator must have qualities that will enable him to fulfil his duty by being educated, open-minded, tolerant and free of prejudice..

 

  1. What training do you consider most adequate to become a good mediator?
  1. An on going dispute exists on this topic as it is expressed in the different mediation regulation in different countries. Some require academic qualifications and some don’t. Some require a mediator to be a lawyer and some don’t. Some expect the mediator to be an expert i n a specific profession and some don’t. There is no uniformity in this field.
  2. Having said that, from my experiance, it is important that a mediator will be with academic qualifications, have a basic knowelege of Psychology, law, management and human relations.
  3. His mediations techniques should be based on the school of thougt that he belives in e,g, pragmatic, transformative or narrative mediation.

 

  1. In your opinion, what legislative measures would be necessary to effectively promote mediation in general and business mediation in particular?

 

  1. The legislation should encourage the public and businesses & organizatios to mediate before going to Court. It shouldn’t be possible to go to Court without trying mediation first.

 

  1. What are the benefits of resolving a dispute through mediation rather than through the courts or arbitration?
  1. The possibility to a win-win situation that can’t be found in the Court room. Mediation is a process of change….from confrontation to collaboration.
  2. Negotiation is a process of change from competitive style to an interest based style.
  3. Mediation is a dialogue of interest – the Court is a dialogue of rights.
  4. Mediation is a human engineering tool, solving human problems and conflicts by the assistance of the professional mediator..And by means of Dialogue strategies.

 

 

  1. What is the most complicated aspect of mediation?

 

  1. According to the Jewish philosofer Martin Buber, Life and reality often change and must constantly adapt, and must regularly be reestablished to suit existing and evolving circumstances
  2. By the help of   the mediator , parties understand each other, find a common interest , re-frame their conflict – and, by direct dialogue – find an interest based   solution, a win –win situation, that satisfies both parties in conflict equally.
  3. Albert Einstein is quoted saying: You can’t solve a problem with the same thinking you had when you entered it.

To solve a problem one needs to change one’s   thinking.

This is done by the professional mediator, using psychological and communication skills and mediation strategies.

 

 

 

  1. What conditions should a citizen or enterprise take into account in order to select a good mediator?

 

  1. Experience.

 

  1. Do you think that mediation is an institution already implanted in our country? Or do you think that it has not been fully accepted by the citizens?

 

  1. It is very difficult to answer this as both Institutiuons and Individuals are not yet committed to mediation, even if they are aware of its       benefits. The tradition of suing in Court and the advice of the majority of Lawers created a situatiin of going to Court or Aebitration, rather than Mediation.

 

  1. In your opinion, what is the future of mediation in Europe as an extrajudicial method of dispute resolution?

 

  1. I believe in the idea of Multi-door court that will provide Court, arbitration and mediation services..
  2. If this happen –it will influence the Market forces to use mediation.

 

  1. What advice would you give to those who think of mediation as a future profession?
  1. I agree with them.

 

 

  1. What is your opinion about online mediation? For which conflicts would online mediation is most useful?

 

  1. I do not have experience in this field yet. I am still learning its advantages and dis –advantages.

 

 

  1. What is the work of an international mediator?
  1. To be able to mediate internationally, to speak more than one language, to understand different culture s and, be expert on a needed subject of conflict, including family conflicts.

 

  1. What does a family mediator do?

 

  1.            A family mediator is different from a business or general mediator, because of the therapeutic approach. He or she, too, must understand the culture, customs and background        of his clients. It is very different to mediate in a divorce case in London, Madrid or Saudi Arabia.

 

  1. What is criminal mediation? And civil and commercial mediation?

 

  • I have no experience in criminal mediation.
  • I do mediate in business and commercial conflicts..

 

  1. What do you think is the key factor so mediation can become a regular extrajudicial method of conflict resolution in the international and business fields?

 

  1. Some of the answers above will be the answer this question.

 

  1. Do you think mediation could be a solution to the widespread workload problem of the justice system in our country?

 

Yes. Based on statistic of Israeli Court – and it is possible that the same is in other countries, only a small percentage of cases are being decided by the Court. In Israel about 86%. In most cases, the parties in conflict reach some conciliation and the Court approves their agreement and gives it a Judgment .

 

Please, describe in no more than 10 lines, the work of the organization to which you belong in the field of mediation.

 

I am an Israeli mediator, working mostly with the Court, but also with the private and the International markets. I have a mediation centre called “Silpar” and a school for conflict resolution called “Derachim” – Pathways.

In Silpar we have a team of 20 expert mediators, covering many aspects of conflicts –commercial, Business, Labor, Family and the like. Those who understand Hebrew can find more information at: www.silpar.co.il

I am teaching mediation at the Ben Gurion University in Beer Sheba and lecture at the “Evens Mediation and Conflict Resolution Centre at the Tel Aviv University” for the M.A. students for C.R.

I served as the chairman of the Israeli Association of Mediators for 5 years and was involved in the Mediation Legislation. I’m also an IMI Certified Mediator

In June 2016 change in the legislation is expected in Israel both in the criteria of who can become a mediator and family mediation.

 

Thank you

 

David Silvera

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