The halakhic ruling: The halakha is in accordance with the opinion of the Rabbis; each of the litigants selects one judge, and the two judges in turn select the third member of the tribunal, even if he is not acceptable to the litigants (Shulĥan Arukh, Ĥoshen Mishpat 13:1). The Rema adds that in a place where there is a publicly appointed permanent court, where all the residents of the city go for judgment, the respondent is not entitled to select a judge in accordance with the procedure described in the mishna, and the claimant may compel him to come before that court for judgment (Rema, Shulĥan Arukh, Ĥoshen Mishpat 13:1). Contemporary halakhic authorities disagree with regard to whether a permanent court exists today.

If the parties prefer mediation rather than judgment, they must agree to the third judge selected by the other two judges, as the entire concept of mediation is based on the judges coming to a consensus about the decision and the litigants acceding to it (Tur, Ĥoshen Mishpat 13 and Baĥ there; Shakh on Shulĥan Arukh, Ĥoshen Mishpat 13:1).