The Boston Beit Din is available to adjudicate matters of civil dispute, Dinei Torah, brought before it.
Fees
The cost of initiating a Din Torah is $200. This fee is meant to cover administrative costs and is not applied to the time spent on hearing and deciding the Din Torah. The actual cost of a Din Torah, to be shared equally by both parties, is $200 per hour. The parties may agree to a Din Torah presided over solely by the Av Beit Din or with a full Beit Din of Dayanim (Rabbinic Judges).
Rules and Procedure
A Din Torah begins with the plaintiff filling out an application to open a case for the Beit Din, outlining the charges to be heard. This letter should be specific with regards to the claim. A copy of this letter is then sent to all parties who are designated as defendants.
A Hazmanah (letter of summons) is then sent to the defendant(s), along with a copy of the complaint and the scheduled date of the hearing. Should the defendant(s) not appear at a Din Torah, the Beth Din may determine what further action may be taken against the defendant(s). A defendant no-show may be grounds for the Beth Din to grant the plaintiff permission to sue in civil court or impose sanctions against the defendant(s).
When both parties do appear at a Din Torah, they are requested to sign a form which indicates their willingness to be bound by the decision rendered by the Beit Din. Secular courts have held that this agreement may be enforced as a binding arbitration agreement. Both, the defendant and plaintiff, may be accompanied to a Din Torah by legal counsel and witnesses. The chief Justice will grant reasonable time for each side to present his or her case. The proceedings may be recorded.
The Beit Din will cooperate in trying to ensure that all matters be treated in a timely fashion and with dignity. To assist the Beit Din in this goal, we request that phone conversations and/or correspondence involving the Din Torah be kept as brief as possible.
Conduct
A Din Torah is a formal proceeding. 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 required by a proceeding defined by Torah principles.
Mediation
The Beth Din can also offer its service to consider mediation of disputes. Please contact the Rabbinical Council for details. (info@rcone.org)
It is advisable and recommended that all matters be resolved by the parties themselves before a Din Torah or mediation is convened. The Beit Din, in such cases, will consider a refund of fees paid from either (or both) of the parties.
Decision – Psak Din
A decision is often rendered on a Din Torah within 20 days. Both before & after the Din Torah , the parties may have no communication with any of the rabbis involved in the Din Torah. All communications and questions must be addressed to the Administrator of the Beth Din.
The Beth Din will strive for a dignified approach to resolution of difficulties within our community. The cooperation of all parties towards achieving such a goal is anticipated.
Contact
All questions about Beth Din procedures should be addressed to the Beth Din Administrator (617-426-2139 x 5). Should the Beth Din refuse or be unable to hear a Din Torah, it will make suggestions for a proper forum to help resolve the dispute.
Application Form to initiate a civil dispute.