BAIS HAVAAD ON THE PARSHA Parshas Korach 5771: Peshara & ADR

Pshara and One’s Day in Court By: Rav Yitzchok Grossman Although it is a cliche that everyone is entitled to his day in court, this is actually apparently far from true under American law; Robert Barron tells ups that about two dozen states, plus some federal jurisdictions, allow for court-ordered mediation at least to some degree. In Michigan, for example, a trial judge is authorized to order the litigants to participate in facilitative mediation, even over the objection of a party [1]. This clearly reflects society's view that mediation is often a more desirable solution to a dispute than justice. What is the Torah's perspective toward dispute resolution via mediation or arbitration rather than through the rigid application of the law? Although it is generally known that Batei Din encourage Pesharah, and often even insist on retaining for themselves the right to deviate from the strict Din to impose at least some level of compromise, a careful look at the Sugya and the Halachah yields some surprises. Are Batei Din Encouraged, Or Even Allowed, To Resolve Disputes Through Pesharah?