ISRAEL Law and Practice Contributed by: Nir Kehat, Sivan Wulkan Avisar and Iyar Yariv, Arnon, Tadmor-Levy
7.6 Extent to Which Hearings Are Open to the Public Court hearings in Israel are generally open to the public, pursuant to the Courts Law [Consolidated Version], 1984. An exception applies to proceedings before the family courts. Additionally, the court may order a closed hearing where necessary to protect privacy interests or safeguard state security. 7.7 Level of Intervention by a Judge Israel adheres to an adversarial system in which the parties are primarily responsible for conducting the proceedings. Judicial intervention is generally limited to procedural matters. More complex determinations, as well as final judg- ments, are usually issued in writing. 7.8 General Timeframes for Proceedings According to the latest data published by the Courts Administrator, the average length of regular civil pro- ceedings in the magistrates’ courts is 10.9 months (including claims that are dismissed or settled before final judgment). The average length of regular civil pro- ceedings initiated in the district courts is 21.4 months (including claims that are dismissed or settled before final judgment), and 14.4 months for civil appeals in the Supreme Court. As this is an average, complex litigation often takes much longer to adjudicate. Court approval is required for settlements reached in the course of pending proceedings. In practice, courts seldom interfere with the parties’ autonomy to set- tle and will generally approve an agreement unless it contravenes public policy. Settlements concluded entirely outside the judicial process do not require court approval, unless the parties seek to have the agreement given effect as a judgment. 8.2 Settlement of Lawsuits and Confidentiality Parties may reach settlements outside the court, and such agreements may remain confidential. In these circumstances, the parties sign a settlement agree- ment which includes a confidentiality clause, inform 8. Settlement 8.1 Court Approval
the court that they are no longer interested in the litigation, and request the court to dismiss the claim. However, if the parties seek to have the settlement given effect as a court judgment, it becomes part of the public record and can no longer remain confiden- tial. Court records and protocols are generally accessible to the public, subject to specific statutory exceptions. 8.3 Enforcement of Settlement Agreements When a settlement is granted the force of a judgment, it may be enforced through the Enforcement Office, or, where it requires the performance of a specific act, by way of contempt of court proceedings. A settlement that has not been granted the force of a judgment is enforceable solely as a contractual agree- ment, and a party seeking its enforcement must initi- ate a claim in which they will request a remedy of specific performance. 8.4 Setting Aside Settlement Agreements The ability to set aside a settlement depends on the specific circumstances. A settlement agreement that has not been granted the force of a judgment may be challenged on contractual grounds, such as mistake, misrepresentation, or lack of good faith. By contrast, where a settlement has been given the force of a judg- ment, it may only be set aside through appellate pro- ceedings or by filing a motion to vacate the judgment, subject to the narrow grounds permitted under law (such as fraud). 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant Any civil court has the authority to grant declaratory judgments, mandatory orders, prohibitory injunctions, specific performance, and any other relief it considers just and appropriate in the circumstances. 9.2 Rules Regarding Damages As a general principle, courts award compensation for proven actual harm or contractual damages.
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