Purpose: One of the purposes of the Beit Din is to provide a forum where believers can seek to have their disputes resolved in a manner consistent with the rules of biblical law (1 Corinthians 5:12 - 6:7) and with the recognition that many individuals conduct commercial transactions in accordance with the commercial standards of the secular society.

Balance: An Adonaic Beit Din renders its decisions (whether formally in a Din Torah or more informally in Mediation) based on a balance between halach’a (biblical law) and an understanding of the principle of dina d’malchuta dina (the law of the land is the law; Matthew 22:21; Romans 13:1; Titus 3:1). This means that though the Beit Din’s primary concern is biblical justice, the manner in which decisions are rendered will be done in a manner consistent with the requirements for binding arbitration so that the resolution will be enforceable in the civil courts of the United States of America, and the various states therein.

Jurisdiction: When requesting a hearing before the Beit Din, if the parties involved live in same geographical area as the Beit Din then the Beit Din will attempt to make itself available to hear disputes brought before it, either through a Din Torah (hearing) or through Mediation. When the defendant lives outside the Beit Din’s area, the Beit Din will only convene a Din Torah or arrange Mediation if the parties voluntarily submit to its jurisdiction.

Should the Beit Din refuse or be unable to hear the Din Torah, it will make suggestions for a proper forum for resolution of the dispute.

Justice and Peace: These Rules of Procedure are designed to provide for a process of dispute resolution in a Beit Din which is in consonance with the demands of Adonaic Christianity that one diligently pursue justice (Deuteronomy 16:20), while also recognizing the values of peace and compromise (Romans 12:18).

We believe that the greatest blessing resides within the value of peace. This goal forms the basis for the operation of the Beit Din, especially within the Mediation services it offers. The Beit Din will therefore strive for a dignified approach to resolution of difficulties within its local community. The cooperation of all parties towards achieving such a goal is expected and anticipated.

Code of Conduct and Dress: A Din Torah is a formal proceeding and therefore certain standards of conduct and dress are expected. For example, the parties must speak in turn and must address all comments to the dayanim. Improper conduct at a hearing is an affront to the dignity of the court. Informal dress is allowed. However, immodest clothing or clothing with offensive language or graphics is unacceptable.

The local church may offer the use of its zaquenim to consider mediation of disputes. It is highly desirous that parties attempt to reach a resolution by mediation before a Din Torah is convened. Making mediation the first step is important because once this matter goes to the Beit Din for their decision via a Din Torah, control of the outcome is taken away from the parties. Therefore, we strongly urge all parties to seriously consider mediation.  If mediation is not successful, the dispute may still be heard by a Beit Din.

Mediation generally involves a one to three hour conference with the mediator.  The mediator’s role is to get the parties to agree to a mutually satisfactory resolution of the dispute. 

At the outset of the Din Torah proceedings (if the matter is not settled by mediation), the parties will be asked if a p’sharah (compromise) is acceptable or are they insisting on a decision applying the standard of p’shorah krova l’din (a stricter interpretation of the law). The goal of the zaquenim being to establish peace, we strongly encourage the parties to accept p’sharah, as our experience has shown that in the vast majority of cases this results in a more mutually satisfactory resolution for all concerned.

The Din Torah begins with the plaintiff sending a letter to the Beit Din in triplicate, outlining the charges to be heard.  This letter should be specific with regards to the claim, and must contain the names and addresses of all involved parties. A copy of this letter will be sent to all parties who are designated as defendants. From this point forward communication regarding your case should be only with the Av Beit Din’s office so as not to prejudice the process.

Along with a copy of this letter, the Din Torah process begins with a hazmanah (summons) being sent to the defendant(s), containing a copy of the charges, exhibits if any, and the date of the hearing. Should the defendant not appear at the Din Torah, the Beit Din may determine what further action may be taken against the defendant. On occasion, the Beit Din may grant the plaintiff permission to sue in civil court or may impose certain other sanctions against the defendant.

When both parties appear at the Din Torah, they are asked to agree to and/or sign a form that indicates their willingness to be bound by the decision rendered by the Beit Din. Courts have held that this agreement may be enforced as a binding arbitration agreement.  

Parties at a Din Torah may call witnesses (with advance notice to the Beit Din) and although discouraged, may also be accompanied by counsel (also with advance notice). The proceeding may be tape-recorded. The tribunal at a Din Torah will grant a reasonable time period for each side to present their claim or counterclaim and defenses. 

Four copies of any exhibits to be introduced should be given to the court at least one week prior to the hearing.

The Beit Din will always try to ensure that all matters are treated with timeliness and dignity.  A decision is often rendered within 30 days. To assist the Beit Din in this goal, it is requested that phone conversations and/or correspondence involving the Din Torah be kept as brief and infrequent as is reasonable and necessary under the circumstances.

After these proceedings are initiated (as well as the time prior to it), the parties may have no communication concerning the matter with any of the dayanim involved in the Din Torah. All communication and questions must exclusively be addressed to the Av Beit Din.

Should the parties not be satisfied with the ruling of the Beit Din they have two more steps they may follow. They may approach the Church Council for a ruling. Then if they still are not satisfied, they may choose to appear before the congregation at large. There is no appeal from a decision of a congregational ruling.

(a) The Av Beit Din of the Beit Din shall serve as the supervisor of the Beit Din and all of its functions. When parties initiate arbitration or any other dispute resolution related activities, including mediation or negotiation, the senior teaching elder of the church or his designee is appointed the Av Beit Din or the administrator in any Beit Din proceeding or hearing.

(b) The obligations of the Av Beit Din or his designee shall be as prescribed in these rules. Every obligation of the Av Beit Din may be delegated to a designee at the discretion of the Av Beit Din. In the absence of the Av Beit Din or at his direction, the Segan (Assistant) Av Beit Din shall function as the Av Beit Din. In the absence of the Segan Av Beit Din, the Menahel (Director) of the Beit Din shall function as the Av Beit Din.

(c) The Av Beit Din, with the assistance of any teaching elders he shall designate, shall prepare a list of authorized arbitrators (dayanim) eligible to hear cases. Such a list shall be divided into two categories:

(1) Those arbitrators (dayanim) eligible to serve as arbitrators (dayanim) alone (in a panel of one arbitrator), all of whom shall be rabbis,

(2) those who shall be eligible to serve only on panels of three arbitrators (dayanim), all of whom need not be rabbis, but rather may include religiously observant individuals involved in the various professions. In every matter heard by a panel of three arbitrators (dayanim), one panel member must be a rabbi.

(d) These Rules and any amendment thereof shall apply to every matter presented to the Beit Din for resolution and shall be provided to the parties by the Beit Din at the time the arbitration is initiated. A copy of these Rules shall be furnished to each of the parties seven days before any hearings are initiated.

(e) When a matter is brought to the Beit Din for resolution, the arbitrator (dayan) or arbitrators (dayanim) shall be selected by the Av Beit Din or his designee and shall be neutral. Any person serving as an arbitrator (dayan) shall be subject to disqualification for the reasons specified in Section 6. The Av Beit Din may solicit advice from the parties concerning the selection of arbitrators (dayanim), as he feels proper.

(a) The parties shall be deemed to have made these Rules a part of their agreement to seek arbitration (as defined below) whenever they submit their dispute for resolution by the Beit Din.

(b) In the absence of an agreement to arbitrate which is signed by both parties, the Beit Din shall send at the request of the claimant (unless prohibited by the law of the jurisdiction in which the Beit Din is sitting) an invitation (hazmana) to participate in the proceedings of the Beit Din to any person, if, in the judgment of the Av Beit Din, that person is one who should participate in such a proceeding. Should a person receiving an invitation (hazmana) not wish to participate in these proceedings, and who wishes to avoid the issuance of a shtar seruv (see paragraph (h)) one of three responses must be forthcoming from that party:

(1) That party wishes to proceed to arbitration in an alternative Beit Din recognized by the Av Beit Din and this case is not one in which the Beit Din was the pre-agreed forum for dispute resolution by the parties;

(2) They wish to resolve their dispute through the procedure by which each side chooses an arbitrator, and the two chosen arbitrators agree on a third party (referred to as zebla in Adonaic law), and this case is not one in which the Beit Din was the pre-agreed forum for dispute resolution by the parties; or

(3) They otherwise fall outside the jurisdictional mandate of the Beit Din.

(c) If the litigant who is sent an invitation (hazmana) responds by choosing option one, and a Beit Din is chosen that is suitable to both sides, the original Beit Din will withdraw from this matter.

(d) If the litigant who is sent an invitation (hazmana) responds by choosing option one, and a Beit Din is chosen that is unsuitable to the claimant, the Beit Din will note that fact in a letter to the defendant, and convert the proceeding to a case in which both parties have chosen option 2.

(e) If the litigant who is sent an invitation (hazmana) chooses option 2, and they have chosen as their representative a person who -- in the opinion of the Av Beit Din -- is authorized by Adonaic law to serve as their arbitrator, the Beit Din will withdraw from this matter. The Beit Din may permit and encourage any one of its arbitrators (dayanim) to accept this case under the zebla arrangement, although the arbitrator (dayan) in such circumstances will not be functioning as a member of the Beit Din.

(f) If a litigant is sent an invitation (hazmana) and chooses option 2 and chooses a representative who -- in the opinion of the Av Beit Din or his designee -- is unsuitable to function as an arbitrator (dayan) according to Adonaic law, the Beit Din shall treat this situation as analogous to one in which no proper response is forthcoming.

(g) If the party to whom an invitation (hazmana) is sent responds by demonstrating facts that show that this case is outside the jurisdiction of the Beit Din, the Av Beit Din shall withdraw the invitation, and so note that fact in the record. In such cases, the proper jurisdiction of the Beit Din is determined by Adonaic law as well as the discretionary judgment of the Av Beit Din.

(h) If the party to whom an invitation is sent responds by claiming that this case is outside the jurisdiction of the Beit Din and the Av Beit Din determines that such a claim is incorrect, the Beit Din shall treat this matter as one in which no proper response is forthcoming, unless this party chooses options (c) or (e) above, or accepts the jurisdiction of the Beit Din within 30 calendar days.

(i) If no proper response is forthcoming to an invitation (hazmana) after proper notification and the passing of 30 calendar days, it is within the discretion of the Av Beit Din to authorize the Beit Din to issue a shtar seruv (a document noting that this person refuses to participate in the proceedings of the Beit Din, and permitting, according to Adonaic law, the claimant to seek relief in secular court), and publicize that fact in any manner the Beit Din sees fit.

(j) When there is an agreement to arbitrate which is signed by both parties, the provisions found in this section, in clauses (b) through (h) shall not be applicable, and the Beit Din shall hear the matter. If, after reasonable notice, one party refuses to attend the proceedings of the Beit Din in a case in which there is an agreement to arbitrate in the Beit Din, the matter shall proceed without the participation of that party. However, no financial award may be issued based on a default judgment alone.

(a) In the absence of an agreement by the parties, arbitration by the Beit Din shall take the form of compromise or settlement related to Adonaic law (p'shara krova l'din), in each case as determined by a majority of the panel designated by the Beit Din, unless the parties in writing select an alternative Adonaic law process of resolution.

(b) The Beit Din will strive to encourage the parties to resolve disputes according to the compromise or settlement related to Adonaic law principles (p'shara krova l'din); however, the Beit Din will hear cases either according to Adonaic law as it is understood by the arbitrators or compromise (p'shara) alone, if that is the mandate of the parties.

(c) The Beit Din accepts that Adonaic law as understood Beit Din will provide the rules of decision and rules of procedure that govern the functioning of the Beit Din or any of its panels.

(d) In situations where the parties to a dispute explicitly adopt a "choice of law" clause, either in the initial contract or in the arbitration agreement, the Beit Din will accept such a choice of law clause as providing the rules of decision governing the decision of the panel to the fullest extent permitted by Adonaic law.

(e) In situations where the parties to a dispute explicitly or implicitly accept the common commercial practices of any particular trade, profession, or community -- whether it be by explicit incorporation of such standards into the initial contract or arbitration agreement or through the implicit adoption of such common commercial practices in this transaction -- the Beit Din will accept such common commercial practices as providing the rules of decision governing the decision of the panel to the fullest extent permitted by Adonaic law.

(f) Unless otherwise indicated, all references in these Rules to "arbitration" shall refer to dispute resolution utilizing any of these principles and the Rules set forth herein shall be applicable equally to any of these modes of resolution.

(a) Parties to any existing dispute may commence a proceeding under these Rules by filing with the Beit Din two (2) copies of an agreement (which shall be executed by the parties) whereby the parties agree to arbitrate under these Rules ("Submission") . A suggested form of Submission is annexed hereto as Appendix 2.

(b) Such Submission shall contain a statement of the matter in dispute that is to be resolved by the Beit Din. The Beit Din shall be permitted to resolve all disputes between the litigants that in its judgment are related to the dispute contained in the submission agreement, even if particular aspects of a dispute are not explicitly mentioned in the submission agreement; disputes related to the matter submitted may only be removed from the jurisdiction of the Beit Din through the explicit agreement of the parties.

(c) The parties shall concurrently submit to the Beit Din the appropriate administrative fee.

(a) If the Submission or contractual provision pursuant to which arbitration is initiated does not specify the number of arbitrators (dayanim), the dispute shall be heard and determined by one arbitrator (dayan) if the amount in controversy is less than $10,000 unless the parties, by mutual agreement -- within 10 working days of submission of the matter to the Beit Din -- direct that the dispute be heard and determined by a panel of three arbitrators (dayanim).

(b) If the amount in dispute is more than $10,000 the matter shall be heard by a single arbitrator (dayan) unless either party -- within 10 working days of submission of the matter to the Beit Din -- states, in writing, that he wishes for the matter to be heard by a panel of three arbitrators (dayanim).

(c) The Av Beit Din may direct that any particular case submitted for resolution to the Beit Din be heard by a panel of three arbitrators (dayanim).

(d) The Beit Din shall notify the parties upon the selection or arbitrators (dayanim) by the Av Beit Din, so as to provide the parties with a reasonable time to exercise their right to challenge the neutrality of any arbitrator (dayan), in accordance with section 6 of these rules.

(a) Any party may object to the appointment of any person appointed as an arbitrator (dayan) on the grounds that such person is biased or has a financial or personal interest in the result of the arbitration or has any past or present relationship with the parties.

(b) A person appointed to be a arbitrator (dayan) shall disclose in writing, which shall be confidential, to the Av Beit Din any circumstances likely to affect impartiality, including any bias or any financial or personal interest in the result of the arbitration or any past or present relationship with the parties.

(c) Upon receipt of such information from such party or arbitrator (dayan) or other source, the Av Beit Din shall communicate such information to the parties, and, if the Av Beit Din deems it appropriate to do so, to the arbitrator (dayan) and others. The Av Beit Din shall determine whether the arbitrator (dayan) should be disqualified and shall inform the parties of his decision, which shall be conclusive. However, the Av Beit Din must disqualify any arbitrator (dayan) who has a financial interest in any matter.

(a) If any arbitrator (dayan) should resign, die, withdraw, or refuse, be disqualified or be unable to perform his duties, the Av Beit Din may, on proof sufficient and satisfactory to the Av Beit Din, declare the office vacant. Any vacancy that occurs before the proceedings have been closed (Section 22) shall be filled in accordance with Section 1(e) of these Rules, as applicable, and the matter shall be reheard unless, in each case, the parties otherwise agree.

(b) Any vacancy that occurs after the proceedings have been closed shall not be filled and the matter shall not be reheard unless, in each case, the parties otherwise agree.

At the request of all the parties or in the discretion of the Av Beit Din, a pre-hearing conference of the Av Beit Din or his designee and the parties will be scheduled in appropriate cases to arrange for an exchange of information, a stipulation of uncontested facts, relevant documents, witnesses to be called, and any other matters which shall expedite the arbitration proceedings.

The Beit Din shall fix the time and place for each hearing. The Av Beit Din or his designee shall notify each party thereof by registered or certified mail or by facsimile of the same, with confirmation of receipt at least eight days in advance, unless the parties by mutual agreement waive such notice or modify the terms thereof.

The Av Beit Din shall arrange for electronic recording of every proceedings, unless all of the parties waive this right. At the request of any party, the Av Beit Din shall arrange for a reporting service to prepare an official transcript of such recording. The cost of such transcript, shall be prorated among the parties ordering copies unless the parties otherwise agree and shall be paid by the responsible parties directly to the reporting service which provides such transcription services.

(a) All proceedings of the Beit Din shall be in English, unless the Av Beit Din directs to the contrary, and all the parties to the proceeding consent to the use of any other language.

(b) Upon the request of any party, the Av Beit Din shall arrange for an interpreter to be present at the proceedings for the benefit of one or more of the parties. The requesting party or parties shall bear the cost of such service.

(c) In situations where one of the litigants is handicapped or in need of other assistance which facilitates the presentation to the Beit Din, the Beit Din shall make such accommodations as needed to allow that person to present their case in a reasonable manner.

(a) Any party shall have the right to be represented by an attorney who must be licensed to practice law in any jurisdiction in the United States and may claim such right at any time as to any part of the arbitration that has not taken place. If a party is represented by an attorney, all papers served on such party shall be served on such attorney.

(b) A party that does not attend the proceedings with an attorney shall be deemed to have waived his right to counsel for that proceeding.

All proceedings of the Beit Din shall be private unless the law of the jurisdiction provides to the contrary. Any person having a direct interest in the arbitration shall be entitled to attend proceedings of the Beit Din and to be represented by an attorney who may attend and participate in the proceedings in any manner that the principal may participate. Unless the parties otherwise agree, the Beit Din shall decide whether any other person may attend the hearings. The Beit Din shall exclude any witness, other than a party or their representatives, during the testimony of any other witness.

The Beit Din may recess upon the request of any party or upon its own initiative and shall recess when all the parties agree thereto. The Beit Din shall reconvene upon the direction of the Av Beit Din, or when agreed to by the parties or directed by the arbitrators hearing the matter.

The arbitrators (dayanim) shall not be required to take an oath or to administer an oath to any party or witness. (Matthew 5:33-37; James 5:12; Matthew 12:34-37)

(a) The Beit Din may, at the beginning of the proceeding, ask for statements clarifying the issues involved. After any such statements, the complaining party shall present its claims, witnesses and proof. Thereafter, the defending party shall present its defenses, witnesses, and proof. All witnesses who appear before the Beit Din shall submit to questions or other examination by the Beit Din and by the parties (or their counsel) - The Beit Din shall have discretion to vary this procedure but shall afford full and equal opportunity to all parties for the presentation of any material or relevant proof.

(b) Exhibits, when offered by either party, may be received in evidence and appropriately marked by the Beit Din.

(c) The names and addresses of all witnesses and a description of exhibits in the order received shall be made a part of the record.

Unless the law of the jurisdiction provides to the contrary, the arbitration may proceed in the absence of any party who, after due notice, fails either to be present or to obtain an adjournment. An award shall not be made solely because of a party's default. The Beit Din shall require the party who is present to submit such evidence as the Beit Din may require for the making of an award.

(a) The parties may offer such evidence as they desire and shall produce such additional evidence as the Beit Din may deem necessary to an understanding and determination of the dispute. The Beit Din, when authorized by the law of the jurisdiction to subpoena witnesses or documents, may do so upon its own initiative or upon the request of any party. The Beit Din shall be the judge of the relevancy and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. All evidence shall be taken in the presence of the entire Beit Din and the parties, except where any party is absent because such party is in default or has waived in writing the right to be present. 

(b) The Beit Din may, on its own motion, seek testimony or affidavits from any person whom it deems relevant to a matter: provided that such testimony be sought in the presence of the parties, and subject to such rebuttal as the parties deem appropriate and the Beit Din permits.

(c) There shall be no ex parte communication between the arbitrators (dayanim) and the parties, or between the arbitrators (dayanim) and any witnesses unless the arbitration contract explicitly permits such activity.

(a) The Beit Din shall receive the evidence of witnesses contained in affidavits, but such affidavits will receive only such weight as the Beit Din deems appropriate after consideration of any objections thereto.

(b) Any documents not filed with the Beit Din at the proceeding, but which the parties agree at the proceeding or subsequently should be submitted to the Beit Din, shall be filed with the Av Beit Din (for distribution to the entire Beit Din) and a copy of such documents shall concurrently be delivered to each other party to the dispute. All parties shall be afforded an opportunity to examine and submit written comments with respect to such documents to the Av Beit Din prior to submission of such documents to the Beit Din. Such comments shall be distributed to the Beit Din together with such documents.

Whenever the Beit Din deems it necessary or appropriate to make an inspection or investigation in connection with the arbitration, the Beit Din shall advise the parties of such intention. The Beit Din shall set the time and the Av Beit Din or his designee shall notify the parties thereof. Any party who so desires may be present at such inspection or investigation. If one or both parties are not present at the inspection or investigation, the Beit Din shall make a verbal or written report to the parties and afford them an opportunity to comment.

Unless prohibited by the law of the jurisdiction, the Beit Din may issue such orders as it may deem necessary or appropriate to preserve and safeguard any property that is the subject matter of the arbitration without prejudice to the rights of the parties or to the final determination of the dispute.

(a) After each of the parties has completed presenting its witnesses and proof the Beit Din shall specifically inquire of all the parties whether they have any further proof to offer or witnesses to be heard. Upon receiving negative replies, the Beit Din shall declare the proceedings closed and shall record the date of such closing.

(b) If any documents or other submissions are to be filed with the Beit Din after the taking of all testimony has been completed, the proceedings shall be closed as of the final date set by the Beit Din for the filing of such documents or other submissions. Absent an agreement by the parties to the contrary, the time limit within which the Beit Din is required to make its award (Section 26) shall commence upon the closing of the proceedings.

Before any award is made, the Beit Din upon its own motion or upon application of a party, may reopen the proceedings at any time for taking additional evidence or hearing additional testimony.

The parties may provide, by written agreement and the consent of the Beit Din, for the waiver of oral hearings other than the first hearing. If such hearing is waived, the parties shall agree upon an alternative procedure to be followed by the Beit Din for receiving evidence.

(a) After the proceedings have commenced, the parties and their counsel shall not communicate with the arbitrators (dayanim) (other than the Av Beit Din) other than at such proceedings. Any other oral or written communications from the parties to the arbitrators (dayanim) shall be directed to the Av Beit Din for transmittal to the members of the Beit Din. In a case in which the Av Beit Din is also an arbitrator (dayan), the Segan Av Beit Din shall assume the duties normally assigned to the Av Beit Din for that case.

(b) Each party to an arbitration under these Rules shall be deemed to have consented that any documents, notices or process necessary or appropriate to initiate or continue arbitration under these Rules (other than notice as to the time and place of any proceeding (Section 9)) and any court action in connection therewith or the entry of judgment on any award made thereunder may be served upon such party by first class mail addressed to such party at its last known address or by personal service, within or without the state wherein the arbitration is to be held.

The award must be made by at least a majority of the arbitrators (dayanim) unless the concurrence of all the arbitrators (dayanim) is expressly required by written agreement of the parties. The Beit Din shall make its award promptly and, shall strive to issue every award not later than three months after the date on which the proceedings are closed (Section 22). Extensions of this deadline may be made at the sole discretion of the Av Beit Din.

The award shall be in writing and shall be signed and affirmed by the arbitrators (dayanim) and shall be in English. In the discretion of the arbitrators (dayanim), a simultaneous translation into other languages can also be issued in writing. The award shall be executed in the manner required by the law of the jurisdiction.

The Beit Din may grant any remedy or relief that it deems just and equitable and within the scope of the agreement of the parties, including, without limitation, specific performance of a contract and injunctive relief. The Beit Din, in its award, may assess arbitration fees and expenses in favor of any party and, in the event any administrative fees or expenses are due the Beit Din, in favor of the Beit Din.

If the parties settle their dispute during the course of the arbitration, the Beit Din, at the written request of the parties, may set forth the terms of such settlement in an award, although such a settlement shall not be considered an "award of the Beit Din."

Parties shall accept as legal delivery of the award, personal service of the award or a true copy thereof, or the mailing of such award or copy by certified or registered mail, by the Beit Din addressed to such party at its last known address. The award shall be filed in any manner which may be prescribed or permitted by the law of the jurisdiction.

(a) On written application of a party to the Beit Din within twenty (20) days after delivery of the award to the applicant, the Beit Din may modify the award if

(1) there was a mathematical miscalculation; or

(2) a mistake in the description of any person, thing or property referred to in the award; or

(3) the award is upon an issue not submitted to the Beit Din and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(4) the award is imperfect in a matter of form not affecting the merits of the controversy; or

(5) the Av Beit Din determines that a provision of the Award is contrary to Adonaic law.

(b) Copies of such application shall be concurrently served (by personal service or registered or certified mail) upon all other parties to the arbitration. Any party objecting to such modification shall submit written objections to the Beit Din, with copies to all other parties to the arbitration, within 10 days of receipt of such application. The Beit Din shall dispose of any application made under this section in writing. Such writing shall be signed by the Av Beit Din within 40 days after the application for modification. The parties may consent in writing to extend the time for such disposition either before or after its expiration.

The Beit Din shall furnish to any party, at the prior written request and at the expense of such party, certified copies of any papers in the Beit Din's possession that may be required in judicial proceedings relating to the arbitration.

a) No judicial proceedings by a party relating to the subject matter of the arbitration shall be deemed a waiver of the party's right to arbitrate, although the Beit Din may consider such conduct in determining its award.

(b) No arbitrators (dayan) in an arbitration proceeding under these Rules is a necessary party to a judicial proceeding relating to such arbitration.

(c) Parties to these Rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any Federal or state court having jurisdiction thereof.

a) The Av Beit Din shall prescribe a fee schedule to compensate the Beit Din for the cost of providing its services. The schedule in effect at the time the arbitration is initiated shall be applicable.

Commonly there is a filing fee of $100.00 for engaging the Beit Din in dispute resolution, payable by the Plaintiff. This fee is non-refundable and covers administrative costs. The actual cost of the Din Torah, to be shared equally by both parties, is $100.00 an hour plus costs (including secretarial) unless other arrangements are made. Typically, charges are for conference times only, both for conducting the hearings and when the Dayanim (Judges) draft any orders or decisions and when they meet to discuss the matter.

The plaintiff is required to pay the initial $100.00 filing fee prior to the issuing of the hazmanah to the defendant. In addition, each side is required to pay $200.00 in advance of the first hearing. Any unused portion of this retainer will be refunded to the parties, pro-rata, at the conclusion of the case.

In the case of mediation, unless other arrangements are made, the Beit Din will refund any unused fees collected from either (or both) of the parties, less the initial $100.00 filing fee. 

(b) The administrative fee shall be advanced prorate by the parties, subject to final apportionment by the Beit Din in the award.

(c) When a matter is withdrawn or settled, a refund may be made as determined by the Av Beit Din.

(d) The Beit Din, in the event of extreme hardship on the part of any party, may defer or reduce the administrative fee.

(a) The expenses of counsel and witnesses for either side (other than witnesses who appear at the direct request of the Beit Din) shall be paid by the party producing such witnesses.

(b) All other expenses of the arbitration including the expenses of any witness or the cost of any proof produced at the direct request of the Beit Din, shall be borne equally by the parties, unless they agree otherwise, or unless the Beit Din, in the award, assesses such expenses or any part thereof against any specified party or parties.

The Beit Din may require the parties to deposit in advance such sums of money as the Beit Din deems necessary to defray the expenses of the arbitration, and in such circumstances as the Av Beit Din considers appropriate, the Beit Din may require the posting of a performance bond. The Beit Din shall render an accounting to the parties and return any unexpended balance.

Any party who proceeds with the arbitration after knowledge that any provision or requirement of these Rules has not been complied with and fails to state objection thereto in writing shall be deemed to have waived the right to object unless the law in the jurisdiction or these rules provide to the contrary.

The parties may by mutual agreement modify the period of time for any action required to be taken hereunder. The Beit Din for good cause may extend any period of time established by these Rules, except the time for making the award. The Av Beit Din or his designee shall notify the parties of any such extension of time and the reason therefore.

The Av Beit Din shall interpret and apply these Rules insofar as they relate to the powers of the Beit Din or any individual arbitrators (dayan).