Gornitzky & Co.’s Chairman, Mr. Pinhas Rubin, spoke in a panel held in the Israel Bar Association 2011 Annual Conference in Eilat regarding the judge’s role in mediating between the parties in a legal dispute, or helping them in reaching a compromise. The conference included several legal panels which dealt with a broad range of current legal issues.
“When I walk into the courtroom I expect the judges to try and comprise between the parties, as long as they are familiar with all the details of the case, and I am always disappointed when the judge calls for the first witness,” said Mr. Pinhas Rubin. Mr. Rubin stated his belief that “the opposing party, provided he does not live by the sword and by the sword alone, also expects the judge to try and find a solution to the dispute. It does not bother me when the judge asks me to compromise, even when I am sure that my claims are just. In fact, a good compromise can be better than a good decision”.
However, Mr. Rubin warned that judges should beware of forcing the parties to compromise. “A forced compromise is not a compromise at all. I find it unacceptable when a judge rebukes a party that refuses to compromise, it causes antagonism.”