Preparing for Din Torah scenarios – Din Torah Intro series #2

How can you prepare for a Din Torah scenario? How does one pre-plan resolving a dispute that didn’t happen yet?

Well, even if everything is perfectly ok, there are two important things to do in order to preempt a potential dispute:

1. The first step is to narrow the chances of friction and disagreement.

Disputes don’t usually originate from thin air. They usually arise as a result of circumstances that create them (i.e. misunderstandings and different perspectives of the facts of a case).

The more you understand what usually causes disputes, there is a larger chance you’ll be able to prevent them by (1) creating solutions to potential problems, (2) aligning expectations, and (3) defining the parameters of your transactions in an effective and accurate manner.

These measures will reduce the chance of dispute and will – in most cases – save you the need to litigate it in a Din Torah.

2. The second measure in preparation for Din Torah is based on the assumption that we are all human beings (yes, you too).

This means we will never be able to anticipate every single possible scenario that can occur. Therefore, as much as we try to prevent disputes, something may go wrong and they may arise at some point.

Therefore it is critical to educate yourself about Din Torah, understand how it works and learn about the main procedures and principals Batei Din usually operate by.

By doing that, you make sure that if for any reason you need to litigate a dispute in Din Torah, you’ll be properly educated and prepared, and in a situation that will maximize your ability to make the most of the Bet Din procedure.

To sum up:

The first two measures to take in order to prepare for Din Torah are:

  1. Minimize the chances of you ending up in a monetary dispute.
  2. Increasing your ability to successfully litigate your case in Din Torah, by familiarizing yourself with main principles of Bet Din procedure and regulations.

In the next post, we’ll go into the details of the above first step: Learning how to prevent disputes happening in the first place.

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