Does Bais Din Encourage Peshara

Rav Dovid Josilowsky 

Question:

When I came to Bais Din, I signed a shtar that says that I agree for the dayanim to rule “according to din or according to Peshara”. What exactly does this mean? Will they force me to accept a Peshara? 

Answer: 

The Nesivos Hamishpat describes two types of Peshara. One type of Peshara is when Bais Din is given the mandate to arbitrate what the compromise should be. The other is when the dayanim mediate between the parties to arrive at a settlement. 

When the litigants come to Bais Din, they are asked if they want the dayanim to rule according to Peshara or Din. There is a machlokes amongst the Poskim regarding whether Bais Din should actively try to convince them to accept a Peshara or not. The minhag is to encourage them towards accepting the mediated type of Peshara because this leads to a peaceful resolution to the dispute. This type of Peshara is the most ideal outcome of a din Torah.