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Din Torah-Halachic Arbitration




About the cRc Beth Din
The Beth Din is available to hear disputes (“Dinei Torah”) brought before it, when the parties involved live in the Greater Chicago area. Where the defendant lives outside of Greater Chicago, the Beth Din will only convene a Din Torah if the parties voluntarily submit to its jurisdiction.

Fees
The cost of initiating a Din Torah is $200.  This fee is meant to cover administrative costs, and is not applied to the time spent on hearing and deciding the Din Torah.  The actual cost of a Din Torah, to be shared equally by both parties, is $200 an hour.  The parties may both agree to a Din Torah presided over solely by the Av Beth Din or with a full Beth Din of Dayanim (Rabbinic Judges).

Procedure
A Din Torah begins with the plaintiff filing of an application to open a case for the Beth Din, outlining the charges to be heard.  This letter should be specific, with regards to the claim. A copy of this letter is then sent to all parties who are designated as defendants.

The Din Torah process continue with a Hazmanah (letter of  summons) sent to the defendant(s), containing a copy of the charges and information on the date of the hearing.  Should the defendant(s) not appear at a Din Torah, the Beth Din may determine what further action may be taken against the defendant(s).  On occasion, the Beth Din may grant the plaintiff permission to sue in civil court or may impose certain sanctions against the defendant(s).

Where both parties do appear at a Din Torah, they are asked to sign a form which indicates their willingness to be bound by the decision rendered by the Beth Din.  Secular courts have held that this agreement may be enforced as a binding arbitration agreement.  Parties at a Din Torah may come accompanied by legal counsel and witnesses.  The proceedings are tape-recorded.  The rabbis at a Din Torah will grant a reasonable time period for each side to present case.

The Beth Din will cooperate in trying to ensure that all matters be treated with timeliness and dignity.  To assist the Beth Din in this goal, it is kindly requested that phone conversations and/or correspondence involving the Din Torah be kept as brief and infrequent as is reasonable under the circumstances.

Proper Conduct During Din Torah
A Din Torah is a formal proceeding.  The parties must speak in turn and must address all comments to the rabbis. Improper conduct at a hearing is an affront to the dignity required by a proceeding defined by Torah principles. 

Attire
Informal dress is discouraged.  Immodest clothing such as tattered clothing, short-sleeved garments or low-cut dresses are unacceptable.

Mediation
The Beth Din can also offer its offices to consider mediation of disputes.  Our staff is available for informal mediation and consultation to assist parties in various other forms of dispute resolution.  Please contact our office for details.

It is highly desirable that all matters be resolved by the parties themselves before a formal Din Torah or mediation is convened.  The Beth Din, in such cases, will refund fees collected from either (or both) of the parties.

Decision - Psak Din
A decision is often rendered on a Din Torah within 20 days.  There is no appeal from a decision of the Beth Din.  After the Din Torah (as well as the time prior to is), the parties may have no communication with any of the rabbis involved in the Din Torah.  All communications and questions must be addressed to the Administrator(s) (“Menahel”) of the Beth Din.

The rabbis state that the greatest blessing resides within the value of peace. This goal forms the basis for the operation of the cRc Beth Din.  The Beth Din  will therefore strive for a dignified approach to resolution of difficulties within our community.  The cooperation of all parties towards achieving such a goal is anticipated.

Contact
All questions about Beth Din procedures should be addressed to the Beth Din Administrators (773-465-3900).  Should the Beth Din refuse or be unable to hear a Din Torah, it will make suggestions for a proper forum to help resolve the dispute.

APPLICATION TO OPEN A CASE FOR THE BETH DIN

AGREEMENT TO MEDIATION/ARBITRATION