Bet Din

The Va'ad Bet Din (or Beth Din, Bais Din) is a Rabbinic Court that serves the Greater Seattle area. It oversees Gittin (Jewish divorces), Conversions, as well as legal and quasi-legal disputes.

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Mediation & Din Torah Procedures

Introduction
When requesting a hearing before the Seattle Bet Din (Rabbinic Court) and the parties involved live in the Greater Seattle area, the Bet Din of the Va’ad is available to hear disputes brought before it, either through a Din Torah (hearing) or through Mediation. When the defendant lives outside the Greater Seattle area, the Bet Din will only convene a Din Torah or arrange Mediation if the parties voluntarily submit to its jurisdiction.

Our Rabbis state that the greatest blessing resides within the value of peace. This goal forms the basis for the operation of the Va’ad HaRabanim’s Bet Din and especially the Mediation services offered. The Bet 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 expected and anticipated.

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Din Torah
The Din Torah begins with the plaintiff sending a letter to the Va’ad in triplicate, outlining the charges to be heard.  This letter should be specific with regards to the claim, and must contain the names and addresses of all involved parties. A copy of this letter will be sent to all parties who are designated as defendants. From this point forward communication regarding your case should be only with the Va’ad office so as not to prejudice the process.

Along with a copy of this letter, the Din Torah process begins with a Hazmanah  (summons) being sent to the defendant(s), containing a copy of the charges, exhibits if any, and the date of the hearing. Should the defendant not appear at the Din Torah, the
Bet Din may determine what further action may be taken against the defendant. On occasion, the Bet Din may grant the plaintiff permission to sue in civil court or may impose certain other sanctions against the defendant.

When both parties appear at the Din Torah, they are asked to agree to and/or sign a form that indicates their willingness to be bound by the decision rendered by the Bet Din. Courts have held that this agreement may be enforced as a binding arbitration agreement.  Parties at a Din Torah may call witnesses (with advance notice to the court) and although discouraged, may also be accompanied by counsel (also with advance notice). The proceeding may be tape-recorded. The tribunal at a Din Torah will grant a reasonable time period for each side to present their claim or counterclaim and defenses. Four copies of any exhibits to be introduced should be given to the court at least one week prior to the hearing.

A Din Torah is a formal proceeding and therefore certain standards of conduct and dress are expected. For example, 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 of the court.  Informal dress is allowed.  Immodest clothing is unacceptable.

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

A decision is often rendered within 30 days. There is no appeal from a decision of the Bet Din. After these proceedings are initiated (as well as the time prior to it), the parties may have no communication concerning the matter with any of the rabbis involved in the Din Torah. All communication and questions must exclusively be addressed to Rabbi Brun-Kestler, Executive Director of the Va’ad HaRabanim.

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Mediation Procedures
The Va’ad also offers its offices to consider Mediation of disputes. We have a group of many fine legal and business mediators that have agreed to assist us with your dispute. It is highly desirous that parties attempt to reach a resolution by mediation before a Din Torah is convened.
Mediation generally involves a one to three hour conference in the mediator’s office.  The mediator’s role is to get the parties to agree to a mutually satisfactory resolution of your dispute. This is important because once this matter goes to the Rabbis for their decision via a Din Torah, control of the outcome is taken away from the parties. Therefore, we urge all to strongly consider mediation.   If mediation is not successful, the dispute may be heard by a Bet Din.
Costs

There is a filing fee of  $180.00 for engaging the Bet Din in dispute resolution, payable by the Plaintiff. This fee is non-refundable and covers administrative costs. The actual cost of the Din Torah, to be shared equally by both parties, is $100.00 an hour plus costs (including secretarial) unless other arrangements are made.  Typically, charges are for conference times only, both for conducting the hearings and when the Dayanim (Judges) draft any orders or decisions and when they meet to discuss the matter.

We require that you pay the initial $180.00 filing fee prior to our issuing the Hazmanah to the defendant. In addition, we require that each side pay $360.00 in advance of the first hearing. Any unused portion of this retainer will be refunded to the parties, pro-rata, at the conclusion of the case.

In the case of Mediation, unless other arrangements are made, the Bet Din will refund any unused fees collected from either (or both) of the parties, less the initial $180.00 filing fee. A return envelope has been enclosed for your convenience.
 

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Conclusion
At the outset of the Din Torah proceedings (if the matter is not settled by Mediation), the parties will be asked if a P’shorah (compromise) is acceptable or are they insisting on a decision applying the standard of P’shorah K’rov L’Din (a stricter interpretation of the law). As the goal is peace, we strongly encourage the parties to accept P’shorah, as our experience has shown that in the vast majority of cases this results in a more mutually satisfactory resolution for all concerned.
Should the Bet Din refuse or be unable to hear the Din Torah, it will make suggestions for a proper forum for resolution of the dispute.

Any questions about the Bet Din and the procedures outlined should be addressed to:
Al Maimon - Interim Executive Director
Va'ad HaRabanim of Greater Seattle
Tel: (206) 760-0805
Fax: (206) 725-0347
E-mail: vaadinfo@seattlevaad.org
 

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