Archive for February, 2011

Visit Shibolet’s Art Gallery on the Firm’s Website

Monday, February 21st, 2011

Shibolet & Co. is proud to introduce its art collection on the firm’s website. This type of collection is a rarity among Israeli law firms, and we feel privileged to be the standard-bearer in this field. This collection of contemporary art faithfully reflects Israeli motifs coming into fruition.

Guests and clients who enter the firm’s offices and hallways are exposed to a rare exhibition of Israeli contemporary art, which is gaining ever growing recognition in Israel and around the world.

The Shibolet art collection consists of dozens of paintings and photographs by leading Israeli artists including Raffi Lavie, Moshe Gershuni, Yair Garbuz, Michal Na’aman, Tsibi Geva, David Reeb, Ido Bar-El, Gabriel Klasmer, Leonid Belaklav, Mosh Kashi, Gil Marco Shani, Alex Kremer, Asaf Ben Zvi, Khen Shish, Maya Gold, Ori Gersht, Tal Shochat, Roi Kuper, Amon Yariv, Shai Ignatz, Tamar Karavan, Tamar Amit and Gaston Zvi Ickowicz.

Tragic Suicide Forces Israeli Legal System to Reexamine Heavy Case Loads

Sunday, February 20th, 2011

Posted by: Efrat Elias

It is no secret that the Israeli courts are suffering from exceptionally heavy case loads for several reasons including the excessive number of cases opened in the courts, a shortage of judges, the profusion of lawyers in Israel, and various other causes.

Just recently, during a discussion regarding the tragic suicide of his Honor Moshe Ben Attar of the Jerusalem municipal court, this issue once again became the focus of the public agenda, and various data were revealed regarding the number of cases opened in the different courts, the courts’ levels, the number of cases assigned to each judge, the number of open cases that the judge must hear every day and more. During the discussion, the issue of ADR (Alternative Dispute Resolution) – offering the possibility of resolving disputes through alternative methods rather than court – was raised once again.

ADR – Alternate Dispute Resolution

One of the prominent ADR methods is arbitration, in which a neutral and objective arbitrator is appointed to resolve the dispute instead of the court, and his or her ruling is binding vis-à-vis the involved parties.

Another alternative method is ENE (Early Neutral Evaluation) in which a professional entity, also neutral and objective, is appointed. The evaluator provides an expert opinion including his or her preliminary evaluation regarding the conflict, thus enabling the parties to gauge the chances of their claims being accepted in court through a third party. This process is not binding.

The Advantages of Mediation

Another process which is not binding is mediation. A neutral and objective mediator is appointed whose role is to try to bring the parties to an agreement. The agreement shares the same status as a contract but the parties may agree to submit the agreement to the courts at the end of the mediation process in order to ensure that it is granted the validity of a ruling (although this is not necessary).

The mediator’s work is made up of several stages: To begin with, the mediator must learn the facts that are up for discussion and the positions of the parties from the parties themselves. After hearing these presentations, it is the mediator’s role to extract the issues for discussion which will constitute the basis for the mediation process. At this stage the mediator must make sure to gauge the parties’ interests, because the latter motivate their actions and omissions, as well as the way they choose to present their positions. In most cases, this process takes place during a meeting of all of the involved parties.

Following the initial joint meeting, the mediator holds subsequent meetings with each party separately. These meetings are confidential and the mediator is not allowed to divulge their content to the other party. This fact enables the party to present the mediator with additional facts, positions and interests which he does not want to share with the other party. Following the separate meetings, the mediator possesses all of the information he or she needs to attempt to formulate an agreement between the parties.

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