# LCMS Convention Proceedings_St. Louis Missouri_2004_S179 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION sively and fully on the Synod’s system of reconciliation and conflict resolution. The use of the Synod’s conflict resolution procedures shall be the exclusive and final remedy for those who are in dispute. Fitness for ministry and other theological matters must be determined within the church. Parties are urged, in matters of a doctrinal nature, to follow the procedures as outlined in Bylaw 2.39 c. The words of Jesus in Matt. 18:15–20 provide the basis for church discipline for the local congregation. The same passage also grants Christ’s guidance to all Christians in seeking to settle other disputes, many of which fall outside the purview of church discipline involving the congregation. In either case, the steps of Matthew 18 should be applied lovingly in both formal and informal settings. The parties and others attempting to effect resolution of a dispute must always remain mindful that the church has been given the “ministry of reconciliation” (2 Cor. 5:18). Hence, conflict resolution in the church is to lead to reconciliation, restoring the erring member in a spirit of gentleness (Gal. 6:1). Its aim is to avoid the adversarial system practiced in society. The heart and center of all Christian conflict resolution is the justification of the sinner through grace in Christ Jesus. 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. Christ’s “ministry of reconciliation” is one of the church’s foremost priorities. Christian conflict resolution seeks to resolve disputed 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 one another as redeemed children of God. Christians involved in conflict must always stand ready to ask for or extend forgiveness in accordance with Scripture. As the church endeavors to help bring about peace, truth, justice, and reconciliation, it always seeks to do so with a proper distinction between Law and Gospel, that is, in the context of God’s judgment and mercy. We are ever to be mindful that it is God who judges the hearts of sinful men and grants His gracious word of forgiveness to us all. When there is repentance and reconciliation, the body of Christ rejoices in its oneness with Christ and with one another. 8.01 Purpose and Objectives This procedure is established to resolve, in a God-pleasing manner, disputes that involve as parties, members of the Synod, the Synod itself, a District or an organization owned and controlled by the Synod, persons involved in excommunication or lay members of congregations of the Synod holding positions with the Synod itself or with Districts or other organizations owned and controlled by the Synod. and shall be the exclusive remedy to resolve such disputes. It shall be the exclusive remedy to resolve such disputes which involve theological, doctrinal, or ecclesiastical issues, except for those covered under Bylaws 2.26− 2.29 and except as provided in Bylaw 8.02. It is applicable whether the dispute involves only a difference of opinion without personal animosity or is one which involves ill will 179 and sin which requires repentance and forgiveness. No person, entity, or agency to whom or to which the provisions of this chapter are applicable because such person, entity, or agency is a member of the Synod may render the provisions of this chapter inapplicable by terminating that membership. 8.02 Exceptions This chapter does not prescribe an exclusive remedy in the following matters unless they involve theological, doctrinal, or ecclesiastical issues: This chapter provides evangelical procedures to remedy disputes only and does not set forth procedures for expulsion from membership (Constitution Art. XIII and Bylaws 2.26−2.29) nor does it set forth procedures for board of regents’ supervision of faculty and administration as specified in Bylaws 6.39−6.47. While Christians are encouraged to seek to resolve all their disputes without resorting to secular courts, this chapter does not provide an exclusive remedy for the following matters, unless such matters involve theological, doctrinal, or ecclesiastical issues, including those arising under the divine call of a member of the Synod: 1. Disputes concerning property rights (e.g., real estate agreements, mortgages, fraud, or embezzlement); 2. Disputes arising under contractual arrangements of all kinds (e.g., contracts for goods, services, or employment benefits). 8.03 Definition of Terms as Used in This Chapter Administrator: The Secretary of a District or of the Synod or an appointee (Bylaw 8.07 a) who manages the dispute resolution process but who does not take leadership, declare judgments, advise, or become involved in the matter in dispute. Appeal panel: Three District Presidents selected according to these Bylaws to determine whether the decision of a Dispute Resolution Panel should be reconsidered or reviewed. Blind draw: Selection of names according to the procedures set forth in the Standard Operating Procedures Manual. Complainant: A party to a dispute party and/or parties to a dispute who initiates action to settle conflict under the provisions of the Synod’s dispute resolution process. Dispute Resolution Panel: Three persons who are reconcilers selected by blind draw, according to these Bylaws and one person who is a non-voting hearing facilitator selected according to these Bylaws, who shall hear matters in dispute between parties and assist in reconciliation or provide for a resolution of the dispute by rendering a final decision. Face-to-face: A meeting face-to-face in person between the parties in dispute following the guidelines of Matt. 18:15. E-mail, regular mail, fax, or telephone call (or any combination thereof) does not satisfy this requirement. (Note: Failure to conduct a face-to-face meeting within 30 days or within such extension as may be established by the involved ecclesiastical supervisors shall result in dismissal 2004 Convention Proceedings