Case Management in the Israel National Labour Court Presented at - PowerPoint PPT Presentation

Case Management in the Israel National Labour Court Presented at European Appellate Level Judges Seminar Budapest, Sept 2004 Judge Steve Adler, President

The Labor Courts Sys tem The Labor Courts Sys tem National Labor Court Judges 6 Regis trars 2 NAZARETH BEER-SHEVA HAIFA JERUSALEM Tel-AVIV Judges 4 6Judges Judges 11 Judges 6 19 Judges Regis trat 1 Rwgis trats 2 Regis trats 2 Regis trars 2 Regis trars 6

Types of Law Suits in the Labor Courts Freedom Collective Individual Of Labor Anti - Labor Occupation Disputes Discrimination Disputes Laws Social Sexual Security Harassment Provident Protection of And Foreign National Criminal Pension Workers Health Labour Funds Insurance Laws Law

Social Security Assisted UneInInployment Living Compensation Maternity Benefits Maintenance Bereavement Disability Guaranteed Minimal Income Eldery Workers Benefits Compensation

Appropriate Track Appropriate Track for each type of Case for each type of Case Other Collective Private Social Law Suits Labor Labor Dispute Security Dispute Provident Fund Disputes National Health Insurance Disputes Fast Union Fee Disputes Ordinary Track Employment Agency Track Appeals Equal Opportunity Suits

National Labour Court The department was created in 2001 and today has a staff of 3 lawyers PURPOSES Proper & efficient use of judicial time Reducing a case’s “waiting time” Expediting case completion

Case Management Department PRINCIPLES Assessing and categorizing Providing court with cases for various preliminary summaries of settlement avenues per controlling statutory and staff discretion case law Maintaining case status Instituting early mediation (with updates – Assuring full kit parties input regarding the choice of settlement forum) Tracking of cases by staff to ensure parties adherence to pre-and post Mediation, ENE, trial schedules Arbitration

Management Efficiency Principles • Prevent\clear the bottleneck (the judge) – transfer judicial functions to others (legal assistants, registrars, clerks). Example: legal assistants prepare drafts of cases and motion decisions and take work away from judges. • Full kit – case must be ready when it comes to a hearing. Piretto principle – using correct resources.If 20% of cases use 80% of court time, those 20% should get 80% of court resources • Finish about 90% of cases without trial before panel. “Tracks” – fast track, trial track, ENE track, etc. Set date for handing down judgment at completion of hearing\trial.

Reduce administrative burden • Computerized filing of cases and motions. • Information points in court • Internet posting of docket – anyone can check their trial dates. • Internet posting of court papers and protocol. • Lists of mediators and arbitrators.

Resources required • Sophisticated computer equipment and program. • Attorneys – for case management and legal assistants. • Managers and clerks who understand modern management techniques. • Cooperation of judges. • Adherence to modern management ideas

Further Resources Required • Link between computers of administration, judges, public information points, inter-court network. • Internet mail, network for entire court system, preparation for paperless court. • Training for workers and judges. • Maintenance of computers, including workers in each court who can assist and correct problems.

Case Management Department A case is ready for hearing when the file contains: -complaint -answers -list of items stipulated Internal and at issue Mediation -discovery documents -other relevant documents Pre-trial Mediation Mediator Appointed by Case Management Department External Mediation Mediator Appointed by Agreement of the Parties

Work Process of the National Labour Court Opening the case Internal/External Pre-tial Adjudication (Registrar/Judge) Mediation ENE Preparation by law clerk Closing the case Judgement or settlement Hearing before Assigned to Judge tripartite Panel for written Decision Continued process Mediation Further submission of Information by parties Further hearing

Opening the case Internal/External Pre-tial Adjudication Mediation ENE Preparation by law clerk Continued process: Expert appointment, Hearing before Further tripartite Panel information required Closing the case Judgement/Settlement

The Settlement Process Mediation Settlement Neutral Early (Internal and Evaluation Conciliation External) Private Fast-track Social Security Collective Labor Labor Disputes Disputes By Public By Experts, Judges and By Public Representatives and Registrars Representatives External Mediators

Social Security Complaint/Appeal From Social Security decision םייטנוולר םיכמסמו הנגה בתכ שיגהל השירד ךות ןויד דעומ תעיבק 4-3 םישדוח ) יטפשמה עויסה םע המכסה יפל ( Early Neutral Evaluation (ENE) before Experts,Judges and Registrars 17%

Accessibility of the Labor Court to the Needy Foreign Workers from the Territories Workers New Low Wage Workers Immigrants Handicapped Guaranteed Minimal Income, Unemployment, Assisted Living The ILL (National Health Insurance Law)

Duration of the Case Private Labor Disputes-16 Months Private Labor Disputes-16 Months Social Security- 13 Months Social Security- 13 Months Fast-track- 9 Months Fast-track- 9 Months Collective Labor Disputes- 11 Months Collective Labor Disputes- 11 Months Temporary Relief- 6 months Temporary Relief- 6 months Criminal- 8 Months Criminal- 8 Months

Length of {Pre-Trial} Procedure Private Labor Disputes- 3 Months Private Labor Disputes- 3 Months Fast-track before Judge- 45 days Fast-track before Judge- 45 days Fast-track before Registrar- 2 Months Fast-track before Registrar- 2 Months Non -urgent Collective Labor Disputes- 2 Months Non -urgent Collective Labor Disputes- 2 Months Urgent Collective Disputes- up to 48 hours Urgent Collective Disputes- up to 48 hours Social Security (by Agreement with Legal Aid)- 4 Months Social Security (by Agreement with Legal Aid)- 4 Months Foreign Workers- 1 Week-30 days Foreign Workers- 1 Week-30 days

Special Projects Mediation Project Pro-Bono Mediation ENE Early neutral evaluation Lectures Sponsored with Public Relations to Lawyers Ban Association Encourage Mediation and Ministry of Justice

CASE LOAD 2001-2004 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 2004 2003 2002 2001 42,391 89,663 77,607 76,269 OPEN 40,452 89,371 80,606 80,632 CLOSED 64,898 62,955 62,663 65,662 INVENTOVY OPEN CLOSED INVENTOVY

Growth in Case Load Total Cases 2001 1400 2002 1300 1200 2003 1100 1000 900 800 700 600 500 400 300 200 100 Foreign Criminal Collective Workers Cases Labor Disputes

Internal Mediation- Labor Cases-Tel-Aviv Resolved by Heard in Referred to Year Mediation Mediation Mediation 2000 285 388 1154 2001 514 804 1799 2002 617 1002 1545 * 2003 634 921 1237 Resolved cases * Through September 800 634 700 617 600 514 500 400 285 300 200 100 Years 2003 2000 2001 2002

Internal Mediation-Rejection of Mediator Tel-Aviv Referred to Percent Rejected Year Mediation 2000 66% 766 1154 2001 55% 995 1799 2002 35% 543 1545 Percent of * 2003 26% 316 1237 * Rejections Through September 75% 65% 55% 45% 35% 25% 15% 2000 2001 2002 2003

External Mediation-Tel-Aviv Resolved By Heard in Referred to Year Mediation Mediation Mediation 2000 137 241 1138 ( 56% ) ( 21% ) 2001 110 264 612 ( 42% ) ( 43% ) Percent of Cases 2002 121 257 607 ( 47% ) ( 43% ) Successfull y r esolved * 2003 160 265 538 ( 60% ) ( 49% ) * Trough September 60% 50% 40% 30% 20% 10% 2000 2002 2003 2001

External Mediation- Rejection of Mediation Referred to Percent Rejected Year Mediation 2000 79% 897 1138 2001 57% 348 612 2002 57% 350 607 * 2003 49% 265 538 Percent of * Through July Rejections 80% 70% 60% 50% 40% 30% 20% 10% 2000 2001 2002 2003

Conciliation- Fast-track cases Resolved by Heard by Referred to Year Mediation Mediation Mediation 2000 ( 72% ) 1,384 1,926 4,472 2001 ( 75% ) 1,518 2,030 4,581 2002 ( 78% ) 865 1,103 2,395 Through June 2003 ( 83% ) 1,329 1,605 2,012 Through P ercen t of Cases August Succesfully * Resolved Due to Budget Cuts 2003 2002 2001 2000 70% 71% 72% 73% 74% 75% 76% 77% 78% 80% 82% 84%