Here is a suggestion from Dov Silberman, as originally appeared in the Australian Jewish News in letters to the Editor.
” I would like to bring to your readers’ attention a set of draft rules that I have created for general public discussion regarding a Jewish form of arbitration.
The arbitrator must be Jewish and of good repute.
Nevertheless, the arbitrator is expected to act according to the Commercial Arbitration Act (Victoria) 2011 so as to produce an enforceable award.
I believe that these draft rules satisfy halachic and civil legal criteria. They are designed to publicly demonstrate a transparent and fair process, and to restore the confidence and trust in the Torah method of solving disputes.
It is based on a purely voluntary agreement between the parties, and therefore does not deal with many issues that I believe would confront attempts to create a commercial Beis Din with coercive powers to summons people to it.
I commend the rabbis for attempting that herculean task, and trust that they will be able to achieve that end in the near future.
In the meantime, I would like to start a truly communal and constructive debate about what people actually want.
You can read my introduction at http://www.dovsilberman.biz/arbitration/jewish-arbitration/ and the actual rules at http://www.dovsilberman.biz/arbitration/jewish-arbitration-rules/ ”
DOV SILBERMAN
Lawyer and Nationally Accredited Mediator
Associate ACICA (Australian Centre for
International Commercial Arbitration)
Email: mail@dovsilberman.biz
pitputim 