Rabbonim Warn About Entering Arbitration Without Proper Knowledge

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  1. The need to identify a proper arbitration panel as expressed by the רבנים שליט”א must not be used as an excuse for circumventing the mandated venue for a Jew litigating against another Jew, which is Bais Din.

    A dispensation to litigate in the secular court, must be issued and signed by a panel of three. Said dispensation, is issued only if the parties advesary refuses to appear in Bais Din.

    Mediation is an excellent alternative dispute resolution method and is recognized as פשרה.

    May the עושה שלום במרומיו be עושה שלום עלינו ועל כל עמו ישראל

  2. I learned the hard way of making sure it’s an honest arbitration and Beth Din. Anyone can hang up a shingle and clame to have a Beth Din. It’s important to get a second opinion and make sure it’s legitimate.

  3. If anyone and their advesary had a positive experience with a particular B’D, please share its name.

    There generally is one party that loses and thus may badmouth the B’D. It is important to note that the חפץ חיים זצק”ל says that badmouthing a B’D is a severe isur as it displays a distrust in הקב”ה ר’ל. Dayanim may make a mistake or lied to. Nonetheless there psak is the way השגחה willed it (assuming it’s a proper B’D).

  4. ‘עיין אורח משפט סימן כו סי א

    A dispensation to use the secular court in an instance where there is a chance of even indirectly causing one a loss of money can not be given by an individual Rov or Morah Horah! It requires a B’D of three.

  5. A Shtu’rei-Bi’rurin (Arbitration agreement) should contain language that all parties will adhere to the ultimate ruling.

    The language that protects the arbitrators or gives them unfettered rights regarding the case, unappealable, no rights to question in the event they erred, etc.

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