Hello kollel!
The gemara discusses switching to peshara after the process of din has already started. Once the din has been decided the peshara is no longer allowed.
What's the actual scenario though? Is this that if you and I are disputing $100 and the court awards to me, am I not allowed to say for the shake of Shalom I'll go and give you $50 anyway? Or is that case ok (though I realize unlikely if someone assists on din then goes and shares) or is it just once you start down the path of din you have to see it out and not switch part way.
Second question: peshara seems a different system entirely than din. If a beis din gets the litigants to agree to a compromise is it still considered a psak of the court or has the court essentially removed itself and the parties have just agreed to compromise?
Thank you!
Josh
Of course, any gesture towards Shalom is acceptable at any time in any circumstance, especially when accompanied by a gift of money. I think that the scenario would be something like this:
Reuven is absolutely sure that Shimon owes him $1000 (for damages or business deals etc.it is actually irrelevant why). And actually he is right! Reuven is also an upstanding member of the community, and Shimon is a bit of a shady character. Reuvens big problem is that he is not a Talmid chacham, and he doesn't realize that there is a technical fault in his case before the Beis Din. Had he asked for Peshara, he would have made at least 1/2, a chance of 2/3, and maybe (if let's say Shimon verbally attacks the Beis Din during the proceedings) the whole amount due to him. However, in Din he will get nothing. Insufficient or Pasul witnesses would be a classic cause- no need to get fancy and more technical than that - but there are literally myriad possibilities why he would lose. If he only realizes this as the Din Torah progresses, he cannot back out of his commitment to Din as oppose to Peshara.
As for your second question:
If the litigants ascribe to a Peshara dictated by Beis Din, they must accept it no less than a Psak of Din Torah. There is no "BD gets the litigants to agree" - rather, the Beis Din decides and dictates what is the just outcome. In this context, Beis Din are not mediators or negotiators, they are arbitrators or adjudicators.
I hope this answer is satisfactory.
Shimon Brodie