| The Magistrate’s Court in Ramla |
| Civil Case 26561-09-22 Rappaport et al. v. Gabrieli
Exterior Case: |
| Before | The Honorable Judge, Vice President Abigail Frey
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Plaintiffs |
1. Racheli Rappaport 2. Yossi Rappaport |
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Against
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| Defendant | Amos Gabrieli | |
Judgment
- Before a tort claim filed against The defendant in his role as a mediator, alleging professional negligence that caused heavy damage to the plaintiffs - Third parties, who did not take part in the mediation process.
- The case revolved around a mediation agreement that was given the force of a judgment, but according to the plaintiffs, it contradicted a previous and final judgment regarding the division of land, and prevented them from exercising their rights.
The main question facing the court is, therefore, what are the limits of a mediator's liability towards those who are not direct parties to the mediation proceeding, but whose rights have been directly harmed by its consequences.
To the extent that it is determined that such liability exists in principle, it is necessary to examine whether in the case before me there is liability on the part of the mediator and whether the plaintiffs have proven their damage.
- The plaintiffs are part of the owners of the land known as Plot 237 in Block 6694 (Hereinafter: "The Real Estate").
The defendant served as a mediator in a lawsuit filed by other owners of the land and heard in the Family Court.
In short, these are the relevant facts that are required for the purpose of deciding the dispute between the parties:
The plaintiffs' claims:
- On January 23, 2002, a judgment was issued in accordance with a settlement agreement reached The predecessors of The plaintiffs and the other owners of rights in the land at the time, for the dissolution of a partnership in the land in the framework of the Civil Case 2369/99.
The court also approved a plan for the division of the land among all the rights holders at the time. The sketch was prepared by a certified surveyor on November 1, 1998.
The first judgment, according to the plaintiffs, brought an end to the disputes between all the owners of the rights in the plot who were entitled to be registered with the Israel Lands Authority.
The plaintiffs at the time, the owners of half of the rights in the land, the late Simcha Krauthammer and Mrs. Zehava Fuchs (who are mentioned in the mediation agreement that is the subject of the lawsuit before us), and on the other hand, the defendants at the time, the owners of the rights in the other half of the land, Levi Moshe, the late Levi Kochava and the late Levi Zechariah Yechiel.