If by due process we use the new law suits (new files) opened in the different courts in Israel during the period of January to July 1st 2011, we may have one of the highest rates in the world because for the first half of 2011 we already have more than 350,000 new files or an annual number of almost 750.000 including the Supreme Court! This is a not mere a number but it means that 1 out of 5 Israelis are involved in a court case.
Democracy or Anarchy?
Depends who you ask. Let’s imagine that Mr. Osama Bin Laden had been imprisoned in the US for many years as an arch terrorist after committing acts of terrorism against the US and its people. Would he, the terrorist have a right to sue the US and its people for crimes he committed against them? Inconceivable, no? In Israel everything is possible and this was the latest case of “Mustafa Dirani”, a Lebanese arch terrorist who was imprisoned in Israel.
This terrorist claimed he deserved the right to access the Israeli courts and be paid compensation (i.e., sue Israel) for “wrongs committed against him while under terrorist investigation and in detention in Israel”. After his release from custody, and while his demand for compensation from the State of Israel was still pending, he moved to his hostile country of origin and resumed involvement in terrorist activity against the State of Israel – and still expected to be paid by the State of Israel!
The question is: For the sake of Democracy should we accept Anarchy? Should we waste our scarce resources on enemies of the State? Should we allow people who seek to destroy us to have an equal stand in our legal system? My answer to all of these questions is “no”.
What’s wrong?
There are four main issues and they are, in my opinion, the mainstream of the problem and very reason why our tribunals are so jammed with millions (!) of open files (many not being taking care of because of the sheer burden on the entire system).
The first problem is the lack of willingness on all sides, including judges (to pressure the parties), lawyers and the parties themselves, to agree on mediation or conciliation in order to terminate proceedings in a mutual agreement outside the courtrooms.
The Second problem is the lack of more “professional” tribunals. Today any magistrate can judge any case, despite his or her lack of knowledge or background (e.g., technical, scientific, medical, etc.) on the specific subject being judged.
The Third problem is the huge amount of “idle” proceedings being filed in the courts every day. The Judges in Israel, trying to be “enlightened and democratic” almost always grant both sides “his/her day in court” even when it is clear beyond any doubt that the plaintiff has no cause of action – no grounds or basis for his/her lawsuit.
The Forth problem is the lack of sufficient financial punishment against any party who submits false or idle proceedings in court. The penalties are far too small to be a deterrent to plaintiffs who view the courtroom as a potential place to make a quick buck while cheating the system.
A word of wisdom:
Avoid the court rooms at any price. Try different resolution methods first. Look for a lawyer who will be willing to try negotiating before suing. Legal procedures can take a long (too long) time to resolve; especially Labor Law courts, Family courts and mainly “Ots’aa La Fo’al”.
Only after trying unsuccessfully to settle outside the court, choose a lawyer you trust – one who will work like a bulldozer and go after what it is lawfully yours.
Good Luck
