Last week the Beth Din of America held a continuing legal education (CLE) program at Congregation Bnai Yeshurun in Teaneck, which focused on issues in contemporary beth din practices, highlighting both differences and similarities in how secular courts of law differ from those guided by halacha. Presenting, among others at the event, was Rabbi Mordechai Willig, shlita, who is av beth din (chief judge) of the Beth Din of America.

While the focus of Rabbi Willig’s comments was on halachic ramifications of wills and estates, with several additional sessions during the morning focused on competition in Jewish law, a case study on a matrimonial case handled by the Beth Din of America, and the enforcement of beth din directives, a key part of the program was an announcement made by Rabbi Ari Zahtz of the Rabbinical Council of Bergen County (RCBC) that the Beth Din of America would be working together going forward to open a beth din resolution center in Bergen County.

“We handle all sorts of disputes from our office in Manhattan and we work extensively with the broader community, but local rabbis might not necessarily think of the Beth Din of America when coming across matrimonial or business disputes,” explained Rabbi Shlomo Weissmann, the Beth Din of America’s director.

“We are excited to partner with the Beth Din of America, an organization known for its exceptional halachic expertise and integrity. We are hopeful that this collaboration will provide our community with easier access to high-quality halachic guidance and services,” said Rabbi Andrew Markowitz, RCBC’s president.

Rabbi Weissmann added that this will be the first partnership of its kind, and that the Beth Din of America is currently working on launching a similar program in Boca Raton, Florida. The arrangement with the RCBC will provide a forum for resolving all types of disputes, including real estate, inheritance, investment partnership, employment and other matters, as well as custody and financial disputes that arise in the context of divorce. The Beth Din of America generally has about 150 files opened each year around these topics, with about a dozen being managed at any given time.

Disputants will be able to open cases through a portal on the RCBC website, where they will be able to choose from a suite of services that include mediation, din torah arbitration and “med/arb.” In a mediation, parties meet with a professional mediator who helps guide them to a resolution that is then memorialized in a written settlement agreement. In a din torah arbitration, the parties sign an agreement to abide by the decision of a panel of arbitrators (dayanim), which holds hearings and then issues a reasoned decision that is legally binding on the parties. Med/arb is a combination of the two methods, where parties first try to negotiate a settlement and, if that fails, submit the matter to a din torah for a binding decision.

It should be noted that the RCBC already has a long-standing conversion beth din, under the direction of Rabbi Yaacov Feit, which operates under national auspices with the Beth Din of America at its head. It is also important to note that Israeli rabbanut-recognized gittin are administered in Bergen County by Rabbi Chaim Jachter as part of his role as mesader gittin on the Beth Din of Elizabeth.

Rabbi Weissmann said that Bergen County was an ideal location for the first dispute resolution partnership for the Beth Din of America for several reasons. “One is that Bergen County is unique among communities for its unity and the fact that I think much of its leadership, the rabbanim in Bergen County, are problem-solving people who highly value professionalism,” he said.

“Also, the RCBC rabbanim have deep and established relationships with the Beth Din and with Rabbi Mordechai Willig. For example, Rabbis Zahtz and Taubes have sat on cases and worked with the Beth Din extensively,” he added.

Rabbi Weissmann shared that the substantive work on the cases will be outsourced by the RCBC to the Beth Din of America, although the new structure will have a heavy local component. “We anticipate that when we have an RCBC case, at least one of the three panelists hearing the case will be a local rabbi, supplemented by other Beth Din of America dayanim,” he said. Hearings and mediation sessions will take place either on Zoom or in person at one of the Teaneck shuls.

Below is a Q&A that may be useful in understanding the role of the Beth Din of America and its processes, answered by Rabbi Weissmann.

Is the cost structure the same or different in batei din cases versus secular courts?

We charge hourly fees for mediations and arbitrations. Small claims are typically heard by one dayan, which is less expensive than a panel of three dayanim. Parties may be represented by lawyers, and especially in large or complex cases we encourage that, and that adds to the cost of litigating a case. The difference between the cost structure in beth din versus secular court comes down to the efficiency of the process. It is usually much quicker to resolve a case in beth din than in court, which means that you end up paying much less in legal fees.

What kinds of cases are generally handled by the Beth Din of America?

All types of cases. These include everything from resolving difficult situations where two partners invested together in real estate and had a falling out, to brokerage commission disputes, to wrongful termination suits. Beth din is a particularly efficient forum for resolving all aspects of divorce cases, in a way that saves the couple (and their children) from what is often a prolonged court process that is emotionally and financially taxing.

What ensures that a Beth Din of America decision is binding?

Prior to beginning the cases, both parties to a dispute sign a binding arbitration agreement. That ensures that the decision handed down by the beth din is legally enforceable in court. I should also mention that our mediation and arbitration services are overseen by in-house attorneys, and there is typically at least one attorney sitting on every din torah panel. That’s important to ensure that we are following the rules that ensure our decisions are binding, and also because it ensures that each panel has enough expertise to navigate complex legal and business issues that are often relevant to a dispute.

What laws and procedures do the Beth Din of America hold to?

We’re guided by halacha, primarily as set forth in the Shulchan Aruch. Halacha often looks to local norms and customs, so often local laws and customs are very relevant to a din torah proceedings. As far as procedure goes, our rules and procedures are available at www.bethdin.org/rules.

What would you say to someone considering bringing their dispute to the Beth Din of America, but also considering using the U.S. court system?

First, as a matter of halacha, if two Jews have a dispute it should be handled in a beth din rather than a secular court. But dispute resolution at the Beth Din of America is also cheaper and more efficient than litigating in court. One final pitch I would make in favor of the Beth Din of America is the cultural familiarity that our dayanim have, as opposed to a secular court judge. If we are ruling on a child custody schedule, for example, our dayanim will be more adept at navigating Shabbos and Yom Tov visitation than the average judge.

The RCBC/Beth Din of America dispute resolution center has a portal at the RCBC website to initiate cases. Please https://rcbcvaad.org/beth-din/.