It is possible to conduct a Halachic Arbitration through the appointment of a single Dayan who adjudicates on the matter presented before him and issues an Award (Psak Din), which is binding on all sides involved and is further enforceable in civil court (if need be).
The procedure is very similar to a Din Torah in a Beth Din (in the presence of three Dayanim), and is indeed already adopted by many reputable Batei Din around the world.
Some of the potential advantages are lower costs and a more expeditious resolution.
As a general rule, a written Award without a detailed record of the proceedings and without a detailed reasoning for the decision will be issued, normally, within 7 days of the hearing.
The parties may, on occasion and at our discretion, wish to request a detailed Award, which outlines a record of the proceedings and offers a detailed reasoning for the decision. Nevertheless, such Award demands many more working hours and considerably increases the overall costs of the proceedings. A detailed Award will normally be issued within 21 days of the hearing.
Certain disputes are better resolved through Halachic Mediation, in which the parties appoint a single Dayan to act as a Mediator and whose function it is to try and bring both sides to a mutually acceptable and accepted dispute resolution.
If a resolution is reached, the Mediator will then proceed to write it in a Settlement Agreement, to be signed by the parties involved.
The Settlement Agreement may, in turn, be recorded on a Court Order by the interested parties.
Video Conference and International Disputes
We are able to conduct Halachic Arbitration (but not Mediation) remotely, via Video Conference.
Furthermore, we are also available to travel nationally and internationally to conduct Halachic Arbitration and Mediation in person, in any of the following languages: English, Hebrew, Spanish, Portuguese, French, Italian, Yiddish and German.
A Heter Iskah is an investment contract which allows profits to be paid to an investor in a way that does not contravene the extremely severe Torah prohibition (or Rabbinic injunction) against charging interests for a loan.
Due to the complexity of this halachic topic, it is paramount to seek expert guidance.
We are also able to offer private Consultancy and Halachic Guidance on issues pertaining to:
- Questions on Monetary Matters (דיני ממונות);
- Claims to be handled by a different Beth Din/Arbitraror;
- Jewish Divorce (גיטין);
- Advising on Halachically compliant Wills.