Bais Din Facts & Procedure
The Vaad Hadin V’Horaah (the “Vaad”) maintains a Bais Din (Court of Jewish Law) that has earned a reputation for fairness and integrity. The Bais Din provides an affordable venue for dispute resolution and Dinei Torah (legal adjudication) that is accessible to all. The Bais Din ensures the highest level of accuracy and sensitivity in administering Gittin and Piskei Din (decisions of the court).TYPES OF CASES
The Bais Din regularly arbitrates a wide range of disputes among parties, ranging in value from small claims to litigation involving several million dollars. These cases include: commercial (such as employer-employee, landlord-tenant, real property, business interference, breach of contract, breach of fiduciary duty, investor mismanagement, defective merchandise and unfair competition disputes), communal (such as rabbinic contract disputes and other congregational issues) and familial (such as family business, inheritance and matrimonial) disputes. Cases are heard by a panel of three dayanim (arbitration judges) or, on occasion, one dayan. The Bais Din applies expedited procedures with respect to small claims so that issues can be resolved in a timely, efficient manner.
EXPERT ARBITRATION JUDGES
Our Dayanim and resources include leading authorities on Jewish law, as well as lawyers and businessmen who are experienced and familiar with secular law and contemporary commercial practices. When appropriate, the Bais Din will include expert professionals on an arbitration panel or consult them as expert witnesses.
PROCEDURAL FAIRNESS
The Bais Din maintains an impartial and confidential relationship with all parties to a Din Torah. Hearings proceed in conformity with the Vaad’s Rules and Procedures, which are available here.
LEGALLY BINDING RULINGS
Prior to having a case heard by the Bais Din, all parties are required to enter into a binding arbitration agreement. The Bais Din conducts its proceedings in a manner that is consistent with the requirements of secular arbitration law, so that the rulings of the Bais Din are legally binding and enforceable in the secular court system.
BAIS DIN FEES
According to Halacha, a Dayan may not charge for his services. However, a Dayan may collect “Sechar Batalah,” a minimal charge to compensate for the time he spends hearing the case, debating the decision and preparing the associated documents and notes.
The following is the fee schedule assessed by the Vaad. All fees are shared equally among the litigants. The Vaad may require the plaintiff to pay the entire fee if the case is determined to have been brought frivolously.
Small claim (under $10,000)*
• Standard Din Torah: $50 each side.
* Both parties must mutually agree to come, the bais din won’t send a hazmana (if the case needs a hazmana if will be categorized under the large claims)
Large claim (over $10,000)
• There is a $180 application fee to be submitted with the application (this amount is included in the Bais Din’s fees).
• Standard Din Torah: $500 per-hour each side.
• There will be an additional $500 filing fee for any settlement negotiated with the aid of the Bais Din.
• All fees are due at the time of the Din Torah or filing.