Does either litigant in a beis din case have the right to insist on zabla?
Does either litigant in a beis din case have the right to insist on “din” (and not peshara)?
Where there is a Beis Din Kavua a litigant cannot demand zabla.
However, where there is no Beis Din Kavua, which is the situation today for most places according to the ruling of Rav Moshe Feinstein and others (see Rema, Choshen Mishpat 3:1; Iggros Moshe, Choshen Mishpat 2:3), a litigant has the right to demand zabla.
See also Shut Shevet HaLevi (8:302), who disputes the ruling of Rav Moshe – but the principle ruling remains that today a person can demand zabla.
Concerning Din and Peshara, a similar principle will apply: In a Beis Din Kavua a litigant cannot make demands, but in a Beis Din that is not Kavua the mandate of the Beis Din will depend on the scope of the Shtar Borerus that is signed by the parties. Today, the Shtar Borerus always mentions the option of Peshara.