# LCMS Convention Workbook_St. Louis Missouri_2016_S297
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

X. TASK FORCE ON DISPUTE RESOLUTION REPORT
R65

X. Task Force on Dispute Resolution Report
Introduction
The dispute resolution and suspension/expulsion processes of our
Synod, adopted by the 1992 convention and greatly expanded by the
2004 convention, have been a blessing to our Synod countless times.
On average, ten or so disputes reach the Dispute Resolution Panel
or Hearing Panel level annually, but this is in no way indicative of
the use and benefit of the processes. Disputes among us are being
resolved on a regular basis with the assistance of our Synod’s trained
reconcilers and/or the tireless efforts of circuit visitors and district
presidents. Only a few are decided by panels. And only a very few
end up in civil courtrooms.
Our Synod’s dispute resolution processes are said to be the envy
of other church bodies. Our key to success is our reliance, also when
resolving disputes, on our Lutheran understanding that the “heart
and center of all Christian conflict resolution is the justification of
the sinner through grace in Christ. Biblical reconciliation of persons
in conflict begins with God’s truth that we are all sinners who have
been reconciled to God through the death and resurrection of Christ
Jesus” (Synod Bylaw 1.10.1.3).
On occasion in recent years, however, we have experienced isolated difficulties with our processes, particularly the Bylaw section
2.14 process, “Expulsion of Congregations or Individuals from
Membership in the Synod.” While isolated, these cases have revealed
shortcomings in the bylaws governing these processes and a need for
critical changes to address certain areas of concern.
This report of the Task Force on Dispute Resolution, appointed
by the President of the Synod in April 2015, identifies those areas of
concern and addresses them by offering proposals for changes to pertinent Bylaw sections.
It has been an honor to be asked to serve on this task force. We
pray that our efforts will serve good purpose and help to continue to
improve our Synod’s processes for addressing disputes among its
members.
Rev. Dr. George Gude (Commission on Constitutional Matters, Commission on Handbook)
Rev. Dr. Raymond Hartwig (Secretary of the Synod)
Rev. Dr. Richard Nuffer (Commission on Handbook)
Judge Neely Owen (Commission on Constitutional Matters)

297

A. To Further Expedite the Dispute Resolution
and Suspension/Expulsion Processes
Rationale
Bylaw 1.10.1 speaks of disputes, disagreements, or offenses as
“a grave concern for the whole church” that “should be resolved
promptly.” An oft-voiced concern regarding the current dispute resolution and suspension/expulsion processes is that they take overly
long to complete.
In addition, current time frames vary between the bylaws governing dispute resolution and those governing suspension/expulsion
processes, often for identical steps in the processes. The following
changes to Bylaw sections 1.10 and 2.14 will conserve time and provide uniformity. The changes to Bylaw section 2.14 are also, upon
adoption by the 2016 convention, to be applied to the 2.15, 2.16, and
2.17 processes as shown in the addendum to this report.
Also proposed is an addition to Bylaws 1.10.4 and 2.14.2 to
accommodate unforeseen circumstances that at times make strict
adherence to time frames impossible, also providing authority to the
administrator of the process to grant exceptions and to report intentional noncompliance to the President of the Synod.
Finally, an additional source of potentially lengthy delay has
been the difficulty experienced by the Commission on Theology and
Church Relations in responding within the time frames established
by bylaws to requests for opinions regarding theological issues surfaced by the dispute resolution and expulsion processes. Included in
the proposed actions below is a bylaw solution that would authorize
the executive committee of the commission to render these opinions
within the established time frames.
Proposed Actions
Therefore be it
Resolved, That the following changes be made to Bylaw sections 1.10 and 2.14 to expedite and provide uniformity throughout
the Synod dispute resolution and suspension/expulsion processes, it
being understood that changes to the Bylaw section 2.14 process will
be applied to the Bylaw sections 2.15, 2.16, and 2.17 processes during preparation of the 2016 Handbook.

——————

PRESENT/PROPOSED WORDING
1.10 Dispute Resolution of the Synod
1.10.5

1.10.6.1

1.10.7

… (c) Within 45 days of the conclusion of the consultation
and receipt of any advice or opinions as described above, the
district president shall….
The administrator shall promptly within 15 days select the
reconciler in the manner hereinafter set forth and then notify
the parties….

If the parties to a dispute with the assistance of the reconciler
have been unable to achieve reconciliation, the complainant
shall notify the Secretary of the Synod within 30 15 days
after receiving….

2.14 Expulsion of Congregations or Individuals
from Membership in the Synod
2.14.3

…(f) Only Within 45 days after all the requirements of the
consultation provided in this bylaw (Bylaw 2.14.3) have been
followed may the accuser….

2.14.5.3

…the Referral Panel shall carry out these provisions in the
process of making its determination within 60 days whether
or not to initiate formal proceedings.
…the district president in commencing formal proceedings
shall…(c) provide to the member a written notification that
the member has 15 days from the date of receipt of the statement of the matter….

2.14.6

2016 Convention Workbook