Chicago Rabbinical Council
By:  Charles Halevi - freelance writer and past president of the Chicago chapter of the Society of Professional Journalists.

(CHICAGO, Illinois) — The Chicago Rabbinical Council's program of using mediation and compromise instead of judgment or even arbitration is open to anyone of any or no religion. One recent challenge was a Denver dispute.

"It was logical for us to turn to Chicago because the Rabbinical Council (cRc) and its director, Rabbi Joseph Ozarowski, have a national reputation for neutrality," said Rabbi Daniel Cohen of Congregation BMH-BJ in Denver. "This lets them avoid the emotional, rocky relationship" of litigation.

Cohen also notes that "much of the Chicago Rabbinical Council's reputation hinges upon the background presence" of the internationally lauded sage of its rabbinic court, Rabbi Gedalia Dov Schwartz," a gadol ha-dor (generational giant).

"Jewish jurisprudence says a court's moral obligation is to first try to bring compromise before rendering law," said Rabbi Schwartz. "Mediation is better than the stricture of the law because there's less enmity and formality."

James M. Gordon, an attorney and rabbi who is a past president of the Decalogue Society, calls it a bonus that in most cases mediation costs a fraction of litigation through the courts.

Crucial to the cRc's successes are retired federal judge Erwin Katz, a nationally sought mediator; attorney Nathan Lichtenstein, Ozarowski and Gordon.

Alternative resolution, instead of judgment, is found in "righteousness, righteousness, shall you pursue," an ancient Talmudic explanation of a Torah verse.

"One classic explanation of why the word righteousness is repeated is that the first righteousness refers to the letter of the law, while the second counsels compromise, an ideal equivalent to finding the truth," said Ozarowski, who also has a doctorate in pastoral counseling.

Katz adds this advantage of mediation over arbitration: "The parties don't surrender the power to render a decision." Decades on the federal bench showed him that agreements ideally must be assented to by both parties, not imposed by an outsider.

Unlike arbitration and judicial decision-making, which focus more upon past actions, Gordon says that "mediation can create a future where both parties can remain friends. This is a major consideration in Jewish tradition."

In a Denver case, for instance, an expensive set of commemorative silver Israeli coins was entrusted to Beth Joseph synagogue in the 1960s. The coins depicted religious and historical events.

When much of the set was lost after the synagogue merged with another, the newly named Congregation BMH-BJ maintained it was a gift; more lenient laws of responsibility applied in halacha (Jewish law).

The donor said it was a long-term loan, which has a higher standard of accountability. Factoring in his memorialized loved ones, the case became highly emotional and dragged on for 15 years without progress. Eventually, all parties agreed the Chicago Rabbinical Council would be an acceptable third party.

"I was so impressed with Rabbi Cohen's desire to have this matter resolved by halacha, that when he suggested the Chicago Rabbinical Council, I was thrilled," Raznick said.

Rather than go to a civil or even a rabbinic court, Cohen recalled, the cRc helped craft a compromise to address the concerns of both sides and create a consensus. "This allowed us to be sensitive to the donor (and) allocate funds to purchase more coins and restore the dignity of the gift," he said.

Ozarowski said he "played the middle man to help people interpret both their own and the other person's position. We concluded the donor didn't care about the money, he just wanted the synagogue to 'own up' and restore the coins."

In a marriage of technology and tradition, the cRc utilized e-mail and long distance calls. Had substantial court costs, lawyers' fees and travel been incurred, the synagogue's additional purchases might not have been possible.

Katz recalls mediating a federal suit brought by the family of a man who was killed by a suburban police officer. It was not under the auspices of the cRc, but does demonstrate the wisdom he brings to the council's program as a professional mediator.

"The kicker was that the insurance company couldn't settle without the permission of the village (because) the village was concerned for the morale of the police department," Katz said.

"Part of what was needed was catharsis. The mother had to vent her feelings before someone who would be at least neutral if not sympathetic."

"I was able to get them to set aside the issue of whether the mother got a letter of apology, because she felt it would be completely insincere," Katz said. "And I finally was able to get the village to consent to what the insurance company was willing to pay."

Settlements such as this are the Chicago Rabbinical Council's ideal: Each side wins, courts are unclogged, taxpayers and litigants save time and money, and humans become partners with God to mend an imperfect world, one case at a time.