Din Torah and conflict resolution
Going to Beis Din to resolve a dispute that one may have with his/her employer, employee, neighbor or spouse can appear daunting to someone that is unfamiliar with the process. The reality is that a Din Torah is the fastest, easiest and most efficient way to deal with conflict and it draws down blessings from Above to all of the parties involved.
"If I can't resolve my dispute on my own, why is a Din Torah my best option?"
Settling a dispute amicably can at times prove impossible without the input of a third independent party. So, when one finds himself involved in a serious conflict and wants to avoid the expense and hassle of litigation, he may choose to turn to one of the two most common alternative dispute resolution processes: mediation or arbitration.
In mediation, a neutral, trained mediator works to help the parties come to a consensus on their own. Rather than imposing a solution, the mediator tries to engage the parties more deeply in the issues at stake. With the aid of the mediator, the parties ideally reach a sustainable, voluntary and binding agreement. In arbitration, a neutral, trained arbitrator serves as a judge who is responsible for resolving the dispute. The arbitrator listens to arguments and evidence and then renders a binding decision. Arbitration proceedings are usually confidential, and the outcome is binding, enforceable in Court and (generally) cannot be appealed.
A Din Torah hearing assumes a hybrid approach where an agreed neutral panel of dayonim (judges) or dayan (judge) hears the parties’ evidence and testimony. The dayonim will first attempt to mediate the dispute. If the issues remain unresolved and the parties fail to reach an agreement, the dayonim will proceed to issue a binding Award.
However unlike in traditional mediation where the mediator may suggest caucusing with each party individually to discuss possible proposals, the dayonim must be vigilant not to compromise their ability to issue an Award if the mediation stage fails. Their involvement therefore during this stage is limited to helping the parties appreciate each other's perspective with the hope they reach a voluntary and binding solution. The dayonim will not hold discussions with one party without the other being present, nor offer advice or make suggestions.
If you are interested in having your dispute resolved by Beis Din or wish to learn more on this topic, please see the following pages:
A somewhat recent webinar on Faith based commercial mediations and arbitrations hosted by the Resolution Institute can be watched here for a limited time.