Pursuing Shalom

1
Pursuing Shalom

• Designing a Dispute Service for the Jewish
  Community of Melbourne
• Ian Goodhardt

2
The Framework

• Analysis of need
• Jewish legal (halachic) questions
• Questions of culture
• System design
• Community networks

3
1. Analysis of Need

• Recent history of Beth Din
• Keep it in the family.
• Complete set of services
• Examples from experience
• Retirement village
• School
• Executor
• Standard advantages
• Minimize communal infighting waste
• Promote communal harmony

4
2. Halachic Questions Jewish Law

• Jewish law prohibits
• the use of civil courts

Two Beth Din processes
No Mediation? It is an alien process
Din
Pesharah
5
2. Halachic Questions Jewish Law

• Pesharah
• Compromise?
• Arbitration?
• Mediation?
• Bridging? (Gishur)

6
Pesharah

• We must realize that Shalom, Mishpat and
  Tzedek,peace, judgement and justice as goals
  in mediation and Jewish justice, demonstrate
  strength, not weakness. This strength produces
  stronger, wiser and more durable and meaningful
  resolutions of conflict. Our community should
  attempt to glorify these goals, not betray them.
  
• Berner, A. Divorce Mediation Gentle
  Alternative to a Bitter Process at
  http//www.jlaw.com/Articles/berner.html

7
3. Questions of Culture

• Relevant? Where is the difference?
• Relevant? Well integrated.

8
4. System design

• Nature of the Jewish Community
• Scope
• Referrals (getting business)
• Model and Structure
• Training and Personnel

9
4a. Nature of the Jewish Community

• Organised
• Roof body
• Limited peer pressure
• Geographically defined
• Not exclusive

10
4b. Scope

• Family
• Family Law
• Neighbourhood disputes
• Business/Commercial
• Workplace
• Any and all disputes!

11
4c. Referrals

• Two failures
• Peshara Inc. (New York, Jewish population 5m)
• Jewish Family Mediaiton Services (Toronto, Jewish
  population 175,000)
• Reasons for failure
• Inadequate referral networks
• No link with other group
• Success
• Berner Mediation link with Beth Din of America

12
4d. Models and Structure

• Independent Organisation
• Voluntary or Professional
• Part of or links with a Jewish Organisation
• Jewish Care
• JCCV
• Beth Din
• Part of or links with a non-Jewish Organisation
• DSCV
• FMC

13
4e. Training and Personnel

• Jewish community contains
• Barristers
• Judges
• Social Workers
• Professional Mediators
• Use these people or volunteers?

14
4e. Training and Personnel

• Paid or voluntary?
• Service free, or minimal cost, or real cost?
• Supported by fees, or donations or both?
• Two tier service pay for immediate attention or
  wait for free time?

15
4f. Community Networks

• Sense of community ownership
• Developing links within the community
• Communal Organisations
• Legal professionals
• Jewish Newspaper
• Religious and lay leaders

16
Conclusion Jewish Values

• ?????? ?????? ????? ?????????????? ???? ???????
  ?????? ??????? ???????? ???????
• Hillel said, Be one who learns from Aaron, oheiv
  shalom, vrodef shalom loving peace and pursuing
  peace.