RELIGIONS AND MEDIATION, PART ONE

This time of the year I am often asked about mediation in religious traditions. While I am certainly not a religious scholar, I will share what I have been told about a variety of religions in this regard and will leave it open for others to correct me.

Religion #1: Judaism

Central to dispute resolution in the Jewish tradition is the concept of shalom (peace). Religious and community leaders are to pursue peace and prevent divisions and conflict in the community. Compromise is seen as an important method for settling civil disputes.

The Shulchan Aruch, the authoritative code of Jewish Law, states that judges should open all civil proceedings by proposing a compromise. The Jewish scholar and philosopher Maimonides promoted mediation and praised any judge who mediated compromises and didn’t have to make a legal ruling in his lifetime.

Jewish tradition does not provide directions for conducting mediation, so most use the standard process acting as an impartial evaluator of the merits of the dispute in confidence.

Overall, though, the Jewish approach to dispute resolution is significantly more formal than that of Christian or Islamic practices. Compared to dispute resolution in Christianity and Islam, the Jewish approach is more formal and can be conducted very much like a secular trial.

Din is the Hebrew word for a formal court proceeding. A Beth Din (or Beit Din) is an official Rabbinical Court. Beth Dins deal with Jewish divorces as well as adjudicating commercial disputes such as between business partners, employers and employees, congregations and rabbis and family members. Beth Dins rely primarily on Jewish law.

In a broad stroke, the Jewish tradition of dispute resolution in comparison to others is more formal and promotes compromise.