# LCMS Convention Workbook_St. Louis Missouri_2016_S305
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

X. TASK FORCE ON DISPUTE RESOLUTION REPORT
(c) One reconciler who is a lay person shall be chosen by blind
draw from the Synod’s roster of reconcilers, with the blind
draw administered by the Secretary of the Synod and audited
by witnesses.
(da) Each Hearing Panel shall be assisted by a nonvoting hearing
facilitator who shall administrate and conduct the hearing
and may call upon persons and resources that he/she deems
necessary for conducting a hearing in a fair and equitable
manner.
(eb) No two members of the panel nor the hearing facilitator shall
be from the same district.
(fc) The hearing facilitator shall administrate the hearing and may
draw upon persons and resources that he/she deems necessary
for conducting a hearing in a fair and equitable manner.
2.14.7.3 Upon receipt of a request for a hearing, the Secretary of the
Synod shall select the three members of the panel and the hearing facilitator and shall notify the suspended member, the district president who
imposed the suspension, and the hearing facilitator and panel members
of their selection. promptly notify the accused and the district president
who imposed the suspended status of their respective right to choose one
Hearing Panel member and direct that the identity of their selection be
transmitted to the Secretary of the Synod within 15 days from the date
of such notice. If either party declines to make a selection within 15
days, the Secretary of the Synod shall then make such selection within
five days.
2.14.7.4 The Secretary of the Synod shall also promptly select a lay
reconciler to serve as a third member of the Hearing Panel and a hearing
facilitator to assist the panel.
2.14.7.5 When the Hearing Panel members and hearing facilitator
have so been chosen, they shall promptly be notified of their selection.
…
2.14.7.86 The following guidelines are applicable to the Hearing
Panel and all involved persons:
…(h) The suspended member or the district president who
imposed the suspension Any party and/or parties to a dispute
shall have the right to request disqualification of a panel
member or hearing facilitator. The standard for disqualification
shall be actual partiality or the appearance thereof. If the panel
member or hearing facilitator that individual does not agree to
the disqualification, the decision shall be made by a separate
three-member panel of district presidents not involved in the
case, selected as follows….
…

Final Hearing Panel
2.14.9 Within 30 days after the receipt of the decision of the Appeal Panel granting the request for reconsideration of the decision of the
Hearing Panel, a Final Hearing Panel shall be selected.
(a) The panel shall be constituted in the same prescribed manner
as described in Bylaws 2.14.7.2–2.14.7.63, except that the
three arbitrators who served on the Hearing Panel and the
two district presidents, the reconciler, hearing facilitator that
provided assistance to the Hearing Panel, and the involved
district presidents are omitted from consideration for the Final
Hearing Panel.
(b) The procedures for the final hearing shall be the same as
prescribed in Bylaws 2.14.7.6-2.14.7.8.
(c) The chairman of the Hearing Panel shall provide the Final
Hearing Panel with a written statement of the matter and
the Hearing Panel’s report decision, minutes, records, and
proceedings.

305

F. To Address Eighth Commandment Concerns via Dispute
Resolution and Suspension/Expulsion Processes
Rationale
Martin Luther addresses the meaning of the Eighth Commandment
very directly and clearly when he says “We should fear and love God
so that we do not tell lies about our neighbor, betray him, slander him,
or hurt his reputation, but defend him, speak well of him, and explain
everything in the kindest way.” This injunction is most important in
our time, when the Internet, emails, blogs, texting, Twitter, fast selfcollating copy machines, faxes, and otherwise helpful tools provide
easy, readily available means for Eighth Commandment sin.
The church lives in this environment of Eighth Commandment
sin, repentance, and reconciliation as she carries out all of her work—
even as she resolves disputes among members of The Lutheran
Church—Missouri Synod. Because dispute resolution processes
can be emotionally charged, and because members of the Synod are
sinners as well as saints, hurtful things are said and done. Whether
by way of written or verbal statement, or by photo, video, or other
man-made image, communication reaches the point where people
and reputations are harmed and they suffer decreased respect and/or­injury to their reputation and good name, clearly sinful defamation
has occurred. Defamation has absolutely no place among Christian
people, The Lutheran Church—Missouri Synod, or its dispute resolution process. Even if statements might be true, if they do not build
up God’s church and speak positively about others, they are sinful.
When defamation arises among parties in dispute resolution, it
begs admonition by ecclesiastical supervisors, and if such admonition is futile, disciplinary action provided by the Synod’s Bylaws.
The responsibility of ecclesiastical supervisors to undertake required
action in cases of defamation is of paramount importance.
To bring the matter of defamation in the dispute resolution process to the attention of the Synod, and to attempt to prevent it in the
future, the Bylaws of the Synod must address it where appropriate.
Hopefully these proposed bylaw amendments will suggest a higher
road for walking together in times of dispute and conflict. These
changes are as follows:
Proposed Actions
Therefore be it
Resolved, That the following amendments to the Bylaw sections
1.10 dispute resolution and 2.14 expulsion processes be adopted,
the latter also to be applied to the section 2.15–2.17 processes as
applicable.
PRESENT/PROPOSED WORDING
1.10 Dispute Resolution of the Synod
Preamble
…
1.10.1.4 Christian conflict resolution seeks to resolve dispute issues
in a manner pleasing to God. Those in conflict are urged to proceed
prayerfully in good faith and trust. Disputes are more likely to be resolved harmoniously if those involved in the conflict recognize and treat
one another as redeemed children of God, not defaming but defending
and speaking well of one another, seeking to explain and defend everything in the kindest way.

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2016 Convention Workbook