The Israeli court has ordered a mediation meeting in our family's estate case. Do I have to fly in for it?

The letter from the court looks like a summons and reads like an order, which is why heirs abroad panic and book flights. It is neither. The MAHUT meeting is a short, free, exploratory session about whether mediation could resolve the case, and for most overseas parties it is handled by video with the lawyer in the room in Israel.

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Detailed Answer

Two layers operate here and they get confused constantly. The first is compulsory. Under the Civil Procedure Regulations 5779-2018 the court appoints a MAHUT mediator, the acronym standing for information, acquaintance and coordination, no later than 20 days after the last statement of case is filed, in every civil claim whose amount or value exceeds NIS 40,000, with carve-outs for bodily injury claims and claims under the Road Accident Victims Compensation Law. That meeting costs the parties nothing and must take place within 30 days of notice of the appointment. Its only purpose is to test whether the dispute can go to mediation. The second layer is voluntary and sits in Section 79C of the Courts Law [Consolidated Version] 5744-1984 together with the Courts (Mediation) Regulations 5753-1993. A court may propose referral to mediation at any stage of the proceedings, must warn the parties that what is said there cannot later be used as evidence in civil proceedings, and can give a mediation settlement the force of a judgment, including where no claim was ever filed. The mediator may meet the parties together or separately, and is barred from repeating to one side what the other disclosed in private.

For heirs scattered between Toronto, Melbourne and Paris this is the cheapest exit from an Israeli estate file, and the reason is arithmetic rather than sentiment. A contested succession claim carries a court fee of 2.5% of the value in dispute, paid in two instalments, and an evidentiary hearing means each heir physically in an Israeli courtroom for cross-examination. A settlement given judicial force under Section 79C avoids both. Two practical warnings. First, attendance by the Israeli lawyer alone is not attendance: the appointed officer can order costs against a party who does not appear, and a lawyer without written settlement authority is treated by many mediators as an empty chair, so the power of attorney needs an express clause authorising compromise up to a stated figure. Second, video participation is granted, not assumed, and the request should go in with the response to the appointment notice rather than the day before. Where the underlying fight is over the validity of the will itself, read our guide on contesting an Israeli will from abroad before agreeing to any figure.

In Practice: The Civil Procedure Regulations 5779-2018 make a MAHUT meeting compulsory in civil claims above NIS 40,000, with the mediator appointed within 20 days of the last pleading and the free meeting held within 30 days of that notice. Section 79C of the Courts Law 5744-1984 and the Courts (Mediation) Regulations 5753-1993 govern any mediation that follows, administered through the mediation unit of the Courts Administration (Hanhalat Batei HaMishpat). Non-attendance exposes a party to the mediator's fee plus the costs of those who did attend. A settlement given the force of a judgment removes the 2.5% ad valorem court fee that a fought claim would keep accruing.

When to Consult a Lawyer

• Your Israeli power of attorney does not expressly authorise settlement, which can leave your representative unable to close a deal the other heirs are ready to sign
• Co-heirs in Israel are using the mediation to obtain financial information about your foreign assets, which is outside the scope of the estate and should be refused on the record
• A figure is being proposed before the estate's Israeli real estate has been valued or the betterment and capital gains exposure on a future sale has been calculated

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Speak With an Israeli Attorney

An Israeli lawyer secures video attendance, holds the settlement mandate you define, and converts an agreed number into a judgment the Land Registry and the banks will act on.

Contact us for a confidential initial consultation.