Guide to Resolving Disputes According to Torah Law

Aside from being a religious obligation, the process of resolving a dispute through a bet din is almost invariably, quicker, less expensive, and more efficient than through secular courts.
As an even simpler alternative to bet din, the two sides may agree to have their dispute resolved through rabbinic arbitration before a single dayan (judge).

Initiating Litigation

The process begins with the toveah (plaintiff) presenting a claim and requesting that the nitvah (defendant) be summoned to the bet din for a din Torah.

Hazmanah (Summons)

The bet din will then issue a summons to the defendant. There is a halachic obligation to respond to the hazmanah of a bet din. If the defendant does not respond, the bet din will issue two additional hazmanot before issuing a siruv (contempt judgment).

Siruv (Contempt Judgment)

If a nitvah ignores the three hazmanot to appear, the bet din can issue a siruv (contempt judgment). A nitvah who is the subject of a siruv may be exposed to serious consequences including excommunication. Meanwhile, the toveah may be granted permission by the bet din to pursue his case in secular courts.

Shtar Berurim (Binding Arbitration Agreement)

When a nitvah responds to hazmanah, a hearing is scheduled with the two parties and three dayanim (rabbinic judges). But before the case is heard, both the toveah and the nitvah must sign a shtar berurim (binding arbitration agreement), which certifies that both parties agree to be bound by the decision of the bet din. This legally binding document is applicable in civil court, rendering the ruling of the bet din no less enforceable than that of a secular court.

Bet Din Proceedings

When the bet din convenes to hear the case, all three judges and both the toveah and the nitvah must be present before any arguments or evidence can be presented. The toveah presents his case first, and then the nitvah is given the opportunity to defend himself. Each side is afforded the opportunity to present whatever testimony, evidence, arguments and witnesses they wish to support their claim. Throughout the process, the dayanim may ask one or both sides for clarification or additional details.

Judgment

When both sides have rested their cases, the bet din may issue a judgment immediately or reserve their decision so that the dayanim may discuss the case further among themselves. When a decision is reached, written notice is provided to both sides.