Decision versus settlement in a civil lawsuit in Israel

David De La Rosa

Very friendly, professional, and effective, highly recommended

TarcisioePotira Freitas

I really recommend the law office's services. The service is very professional and efficient, the price is right. I am satisfied with the services I needed and happy to have known them.

Lauma Zariņa

This is definitely the best lawyer I know!!! very honest and super helpful he really helped me a lot dealing with immigration issues in Israel and it was very successful!
I highly recommend

Eden Weiss

Extrmely friendly, professional and helpful. A big thank you to Irina especially from the Jerusalem office. Highly Recommended.

Michael and Ariellah Waizman

For Advocate Joshua Pex.

We were in a devastating situation when my wife received an order from the immigration office to leave Israel within 30 days, without any explanation, after we have been married and in the process for six and a half years. We heard of Advocate Pex through a friend of a friend. We contacted Mr. Pex and he was ready to help us when he heard of our situation.

The service is amazing! Always ready to assist without regard to the time it takes. The advice Mr. Pex gave us was great, such as what to do, he gave useful links, and advice about which officials to contact. The price for the service was great!

The process until we received the extension for another year for my wife was not long (3 months). Things started moving once Mr. Pex came into the picture.

We highly recommend Advocate Joshua Pex! We achieved our goal and the fear of deportation has been lifted!

Amir Abt

The best lawyer firm I’ve had dealt with. I would like to thank Anat Levi and Ariel Galili from the Jerusalem branch for all of their efforts and patience, we could not have been Able to reach to where we are now without them

Kfir Cohen

We were searching for a law firm that will be honest with us and really work hard for a satisfying result, it wasn't an easy task
We found them online; they were the only law firm from all of our searchings which were completely honest and NOT gave us just what we wanted to hear
Using them guaranteed honesty above all. A legal team that is friendly and cares for a superb result
They really care about helping their customers without any other interest
Nadia gave us service behind what we expected; she was professional which lead to fast and easy process with great result
We definitely recommend using them

Dongdiet & Nellie

We are very happy with the services. Somehow they managed to translate the law lingo into language we actually understand 😉 and their outstanding YouTube videos helped us to have a better grasp of what process we had to go through. Their patience, clear explanation and experience are very valuable. It's also very nice to know that you will receive response promptly; it made us feel we can really trust their services. We recommend all those looking for immigration lawyers to get in touch.

Josh W-S

The firm had a quick response to my last-minute needs, they were helpful in communicating with me in English, and they fulfilled my needs in a timely fashion.

lynn vonne

Excellent service, very friendly and helpful, fast responding and very patient. Highly recommend. I will choose them again next time if needed.

Adi Katina

Great Team. With no doubt, this office is actually thee best-leading office in Israel. Simply put, if you want your case to win, just join them, hand in your documents, and celebrate the victory.

Kindest regards,
Adi k.

Priscilla Moses

competent consulting, fast processing, reliable, warm & good team. highly recommended

Matthias Oppliger

I have been receiving services from this Law Firm for several years now and I want to say THANK YOU to the team, especially Joshua Pex. They are doing outstanding work. The services I have received for both our Israeli non profit association but also our social business have helped us solve many issues at hand and provided solutions in complicated situations. Personally, I am grateful for support in visa issues as a foreigner living now in Israel for many years.

Joshua Pex was both an amazing human being and an inspiring human rights attorney. I reported directly to him for various activities I performed as in intern. I was impressed with his incredibly solid character. He is trustworthy, fair, and goes above and beyond to advocate for the vulnerable. He is completely trustworthy and high caliber in his work. His partners and employees are very blessed to work with him. I am honored to know them.

Heather Lebrun

Arielle Bosch

Incredibly knowledgeable, approachable, accessible, and evident across the board that they truly care about the people they are helping. They are quick to respond, engaged, and obviously top-notch lawyers. I couldn't recommend them highly enough. Thank you, Joshua and Itamar for your help with our Joint Life Application. You were a calming energy during a storm - always breathed a sigh of relief after speaking with you. It is so difficult to get straight answers from the Misrad Hapnim, but you guys are straight shooters. I appreciate your candor and evident integrity. Hope to work with you in the future, and will send everyone I know in need of legal aid your way. Thank you for your guidance and support.

Tomer Hila Birnbach

I received a recommendation from friends about the firm, and indeed every word is correct, a service team, professional, welcoming, a fair price for the work I requested, I am satisfied

Schruuf

We were very pleased and content with the services of this law firm. They supported us 100% and solved our case successfully, we couldn't be happier.

Genaan Abdelall

I cannot recommend Nechama enough! Her expertise, professionalism, and dedication to her clients is unparalleled. From the moment I reached out to her, she provided clear and concise communication, and helped me navigate through a complex legal issue with ease.

Throughout the entire process, Nechama went above and beyond to ensure that I was informed and comfortable with every decision. She demonstrated a deep knowledge of the law, and was able to offer sound advice that ultimately led to a positive outcome.

What sets Nechama apart is her compassionate and empathetic approach to her clients. She truly cares about the well-being of her clients, and it shows in the way she handles every case.

If you are in need of a lawyer, I highly recommend Nechama.

Lilian Granovsky

I can highly recommend these services!
Every time we turned to Joshua we always got a professional quick and helpful respond.

Michelle Long

Josh has been helping me on and off for a few years now. I have needed legal advice and assistance with immigration due to a complex situation of mine, and he has been extremely available and responsive, honest and clear about my route and how to proceed. Very much recommended!

YK C

We had a pleasure of working with Irena Rosenberg who assisted in getting our two U.S. born children registered in Israel and supported visa process for my wife in 2021. During the pandemic, my wife and I decided to move to Israel where I am originally from after living in the U.S. for over 20 years, but we had no idea how to go about securing visas before and after arriving in Israel. Irena is knowledgeable, reliable and competent lawyer who always had answers to all our questions which made us feel confident that everything would be fine with her assistance. We are now happily living in Israel and are so grateful to have Irena who is a genuinely nice person as our lawyer.

Marce Ruth St. Rey

Party time in the heart, my beloved husband received his residence after so much time of battles and faith. Gratitude, God has blessed us with wonderful beings who have accompanied us, including a "precious angel" who touched our hearts, our excellent and fantastic lawyer: Maria Chernin Dekel, sweet and wonderful human being, who has guided us and stayed On our side. side in this intense legal transit whom we bless on every occasion. God bless you dear Maria, you have exceeded your professional duty by containing us and collaborating with us in hard times, very hard, for that we want to thank you publicly, you are unique!!!

We bless and thank the entire team at Decker Pex Tal Ofir Law Firm.

Shaltiel Devorah

Mr. Joshua Pex is knowledgeable and Professional. I really appreciate his courteous and direct approach.

Sophie Cooperman

Oded Ger did an excellent job by reviewing a modeling contract I was offered. Explained the bad clauses in the contract, and their possible consequences. Thank you for your amazing job, your professionalism, your consultation and honesty. You showed me from your experience how it can be done differently. It was the best decision choosing you as my lawyer.

I highly recommend this firm, especially Oded Ger.

Michael Soffer

I would like to recommend Attorney Yehuda Elcharar. He assisted both me and my company in a complex lawsuit. He handled negotiations that led to a favorable outcome much quicker than expected.

I am extremely pleased with choosing Attorney Elcharar. Many thanks also to the office team, Oz and Chaya, for their assistance throughout the entire process.

Thanks again ????

Shurouq Hajyassin

We were very satisfied with the consultation we had.
You were very straightforward with us , You tried to help us in every way you could . we really appreciate that.
And of course the fast reply we got from you on our emails and the appointment you gave us .
You deserve more than 5 stars????

Greg Olson

We highly recommend Adv. Mike Decker and have know him for many years. He has helped our family with many battles over the years. We recently received our permanent residency after 23 years in Israel. We so much appreciate Mike’s representation of us.

Prima Lorenzo

I admire the Austrian citizenship team in Tel-Aviv branch! They deserve more then 5 stars!! They are very friendly and professional. I've got Austrian citizenship in 4 months for all family members which consists of 12 people! The entire team is very friendly and responsive. They are always answering questions and support during the process. I recommend to everyone. Was 100% satisfied.

Morgan Jones

The team at Decker, Pex & Co have been awesome to work with in helping our US company establish banking in Israel and in providing counsel for legal needs in Israel. I highly recommend!

Paul Prince

The team of lawyers and assistants are incredibly professional. Aiming to give their clients the advice possible regarding the normative and the law of Israel. With well trained and professional secretary at the front desk to the lawyers team, I could say that I had one of the most professional services possible. I'm super glad of choosing Joshua Pex of Law office for immigration solution, lawyers to advise in my case, to me, it is remarkable.

Esty A

I had a consultation with Batya and she was very helpful. She made sure I understood all the information I needed, and was patient with me in gathering documents I needed.

Sergei m Vashkevich

We came to Mr. Joshua with so many questions (and most of all, with so many concerns and worries) …

When we explained our case to him, first of all, he calmed us down and helped us to see the big picture, which took away our fears;

Then he presented us with a detailed explanation and a few options to explore, and a timeline, how things work and necessary steps to undertake on our part,

We thank and highly recommend Mr. Joshua for showing us so much empathy, care and professionalism (!)

Sveta Vashkevich

We (myself and my husband) came to Mr. Joshua Pex – for his professional advice – and we received such human warmth and caring attitude, that our hearts melted …

His attention to our details and our situation peculiarities, combined with his professionalism and knowledge, helped us to map out what needs to be done on our part: we appreciate and recommend You, Mr. Joshua!

Halvor Ronning

Courteous, clear, efficient service.

Dumitrascu Cristina

Best lawyer house from Israel! I couldn’t dealt with my situation without their professionalism and effectiveness. Their dedication to every legal aspect and their drive it’s how a true lawyer house can be!
Working in European market and international now, I couldn’t dare to let myself wide my wings on countries unknown to me. Definitely they’ll be the lawyers representing me, my business at every international aspect and on personal development.
When you hear Decker,Pex,Ofir &Co, you hear 10+ class services, luxurious professionals, confidentiality and exclusive attention to your needs.

Andreas Kelling

We have been working with Decker, Pex & Co - Law Firm in Tel Aviv for many years very well. Because we appreciated their lawyers services, we recommended businesses and individuals again and again to go there as well.

Stuart Safft

I am delighted to report that my wife and I have just obtained our Israeli citizenship. We will be forever grateful for all of the help, guidance and support which Ariel Galili of Decker, Pex & Co. provided through this process.

I am a Jewish, 80-year-old American, and my wife is not Jewish. We had started the process on our own back in November 2020 via the Jewish Agency and Nefesh B’Nefesh, but soon became entangled in the delays and often-changing regulations due to Covid-19. The pandemic also caused delays in obtaining the required apostilles for various documents from various state agencies and the US State Department.

We found Decker, Pex & Co. On the internet and began working with Ariel in late November 2021. Ariel did a superb job of leading us through the process, helping us to understand which documents were essential, which would most likely be required, and which, though included on the list of required documents, were rarely required. He helped us several times to understand what was likely and unlikely to occur as “the next step.” Helping us manage our expectations was extremely useful to us.

Besides his knowing the laws, regulations and procedures, Ariel also made us feel that he was truly interested in helping us to successfully work through this process in as smooth, timely, and frustration-free manner as possible.

My wife and I strongly recommend anyone planning to go through this process seriously consider hiring Decker, Pex, Ofir & Co. and, specifically, Ariel Galili.

Наталья Мажуга

Great lawyers Joshua Pex and Nechama and Michael Deker who really want to help you and I have very trustful relationships with them. All my cases they took they won. Thank you and let’s keep working together

Gáspár Erőss

If you need to solve any complicated legal issue in Israel, don't hesitate to contact them. Otherwise you will loose hours/days/weeks with things that they can solve in minutes. They helped me to obtain my expert working visa in Israel and even after that they responded further questions and gave me advices related to administrative issues in Israel which saved me a lot of time. Irena Rosenberg and Michael Decker worked on my case, they are very professional and helpful. They will not let you down, feel free to contact them.

Yossi Montrose

Very knowledgeable and professional

Israel iluz

We were very satisfied with the service of Nehama. She was very professional in all her dealings and kept us informed all the way.
We highly recommend this law firm. They proved to be reliable, efficient and pleasant to work with.

Alexander P Gutterman

EU PASSPORT ! Big news! Thanks to Michael Decker and the other good people at the law office, as well as to the virtue of my ancestors, the cruelty of the Inquisition, reparations issued in the Iberian Peninsula, and etc, I am delighted to be on track for Portuguese and European Union Citizenship! A truly incredible development and one which brings me deep joy.

Jacob Newberry

A really excellent firm. They knew exactly how to handle my situation effectively and efficiently, and we got the result I needed without much fuss. Adi Berger was a wonderful advocate for me and I am deeply grateful for her help!

Decision versus settlement – what is the difference between a judicial decision and a settlement in civil procedures in Israel? A settlement process can save time and money for both of the parties to the suit as well as to the court, and for this reason, Israeli law encourages the court to suggest settlement options during the procedure. Parties that come to a settlement quickly, and without a total loss for one party and total victory for the other, are usually not left disappointed, and the relationship between the parties to the suit can remain amicable.

Everyone seeks justice and truth, and often people are forced to turn to the court in order to bring justice to light and receive the rights they deserve. It is often assumed that seeking relief from the court would solve our problems, since the judicial system relies on the laws of the State of Israel, based on the assumption that no one is above the law, from the state’s institutions and leaders, to the people themselves, at all ages.

This article compares two situations: decision versus settlement. These terms are used in civil law, as opposed to criminal law (where the correct term is “plea bargain” rather than “settlement” and “verdict” rather than “decision”). We provide explanations regarding each of them, review each method/situation’s advantages and disadvantages, and explain which of them can be most beneficial.

What is a “decision”?

This refers to a judicial “decision,” meaning the court providing a reasoned ruling, based on the evidence presented to it, as well as the witnesses heard. Proving a plaintiff’s civil suit depends on compliance with two main elements: the burden of proof, also called the light burden, and the burden of persuasion, also called the heavy burden, as it must be carried by the plaintiff throughout the trial, until a ruling is issued.

Naturally, a judicial process, from the filing of the suit to the issuance of a ruling, is usually long, complicated, exhausting, and involves many expenses, both for the parties and for the judicial system. In addition, the result of a “decision” process via a ruling favors one party against the other, so that one of the parties leaves the trial feeling frustrated and deprived of justice, while the other party gains a sense of victory, including all that this entails in terms of the damage caused to the relationship between the parties to the dispute.

In other words, if the judicial process ends with a “decision” via ruling, this usually results in a situation where the suit is either fully accepted and the defendant is obliged to pay the full amount of the suit, or the charges under the suit, or the suit is dismissed, in which case the plaintiff finds themselves in “total loss,” and is left disappointed with nothing to show for it, or is even forced to pay the defendant’s- and the trial- expenses.

What is a “settlement”?

A “settlement,” on the other hand, is the amicable resolution of a legal proceeding, and the “price” of this procedure is the mutual compromises between the parties to the dispute, who are the ones also “dictating” the result of the trial. Naturally, a legal proceeding resolved through settlement is shorter, greatly saves time and resources, and may reduce the overload in the Israeli judicial system by quickly concluding the process.

As opposed to a decision, in a settlement process, both parties in fact “win,” subject to mutual compromises, and can even dictate the ruling to be made, of course after the court has certified their agreements.

It’s important to know that in almost every legal proceeding, the court suggests to the parties, as soon as the very first decision or meeting, to negotiate and settle, in attempt to prevent the long process resulting in a judicial decision, whose stages and implications we’ve already seen. This encouragement was also enshrined through legislation, such as in Section 79a of the Courts Law (Consolidated Version) 5744-1984 with regards to general civil law, as well as in Section 4(c) of the Road Accident Victims Compensation Law 5735-1975 specifically with regards to road accidents.

Sometimes, the court is also used as a sort of mediator or arbitrator between the parties, suggesting that they resolve the case in one way or another, and even explaining to them why it made any specific suggestions. This, of course, happens after the court has reviewed the judicial documents, the parties’ arguments and evidence, and before hearing the witnesses and evidence. It always emphasizes that this suggestion is not binding, and that things may change after hearing the evidence and witnesses, and managing the evidence. The court also emphasizes that the parties may commence negotiations at any time, prior to the provision of a decision by way of ruling, and to reach agreements and/or settlements, which usually receives the court’s blessing, after reviewing and certifying the agreements.

Hence, in most cases, the court encourages the parties to reach a settlement, which, as aforesaid, is preferable to a judicial ruling, sometimes even following the completion of the evidence hearing, and one step before the issuance of the ruling. Some of this encouragement is expressed through an exemption from paying court fees, which can reach dozens of thousands of ILS (in general, an exemption from court fees is given prior to the commencement of the evidence hearing).

Decision versus settlement – Which one is better?

In light of the above, it is clear that a settlement process is much preferable than a process of decision and the provision of the ruling by the court. As mentioned above, a settlement process, which is encouraged and viewed favorably by the judicial system, saves much time and resources, both for the court and for the parties, and results in a “win-win,” after mutual compromises on part of the parties on the one hand, but with a “gain” on the other hand by the parties’ ability to guarantee the result and even dictate it, following approval and certification by the court. In addition, a settlement process might create a compromise between the parties, allowing them to reconcile, in lieu of the conclusiveness, and perhaps even cruelty, of a decision.

If you have any other questions about decision versus settlement in Israeli law, or if you need legal assistance from an Israeli tort lawyer, you are welcome to contact us. Our offices are located in Jerusalem and Tel Aviv.