# LCMS Convention Workbook_St. Louis Missouri_2004_S38 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 38 SYNODICAL REPORTS remedy for the following matters, unless such matters involve the- ological, 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 agree- ments, 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, ad- vise, or involve himself in the matter in dispute. Appeal Panel—Three District Presidents selected according to these Bylaws to determine whether the decision of a Dispute Reso- lution 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 who initiates action to set- tle conflict under the provisions of the Synod’s dispute resolution process. Dispute Resolution Panel—Three persons who are reconcilers selected 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 reconcil- iation 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. Formal—Efforts to resolve the dispute toward reconciliation beginning with the involvement of the reconciler. Hearing Facilitator —-One selected according to these Bylaws and trained to serve as a facilitator for hearings before panels. Informal—All efforts toward reconciliation prior to the in- volvement of a reconciler. May—as used in this chapter the word may is permissive, ex- pressing ability, liberty, or the possibility to act. “Parties Involved”—“Parties Involved” includes the com- plainant, the respondent, the administrator of the process, the ec- clesiastical supervisor, reconciler, panel members, hearing facili- tator, a witness, an advisor, or any others involved in the dispute resolution process. “Party to a Dispute or the matter” (Party to the matter in dis- pute)—A “Party to a dispute” is either a complainant or a respon- dent. A reconciler, panel member, hearing facilitator, or ecclesias- tical supervisor is not a “Party to a Dispute.” Reconciler—As used in this chapter, a member of The Lutheran Church—Missouri Synod or of an LCMS congregation who is appointed to be available to assist parties to a dispute with a view to reconciling them, or enabling them to adjust or settle their dispute and has completed the synodical training program. A reconciler does not judge or take sides but rather, with the help of God, assists both parties to find their own resolution to the dispute. Reply of Respondent—A written response issued by a party to a dispute containing factual assertions that answer a complainant’s statement of the matter in dispute. Respondent—One who is a named party to a dispute brought by a complainant. Review Panel—Three reconcilers selected according to these Bylaws and one person who is a non-voting hearing facilitator se- lected according to these Bylaws who shall give a fina) hearing when the determination of the Appeal Panel is that the decision of the Dispute Resolution Pane! should be reconsidered or reviewed. 2004 Convention Workbook Shall—As used in this chapter the word shall is a word of com- mand that must always be given an imperative or compulsory meaning. Statement of the matter in dispute—A written concise state- ment containing factual assertions involving contended or con- flicted issues between one or more parties. The statement may also contain a request for the type of relief to be granted. Witness—A person called to give testimony regarding facts to a dispute before a Dispute Resolution Panel. A reconciler appointed to assist parties in dispute resolution or a person called upon by a reconciler at the formal reconciliation meeting shall not testify as a witness before a Dispute Resolution Panel in the same dispute. 8.05 Informal Efforts toward Reconciliation and Consultation Before any matter is submitted to the formal reconciliation process, the parties involved in a dispute must meet together, face- to-face, in a good-faith attempt to settle their dispute according to the Scriptural mandate of Matt. 18:15. And further, before any matter is submitted to the formal rec- onciliation process, the Complainant must meet and consult with his or her respective District President, as ecclesiastical supervisor, to seek advice and also so that it can be determined whether this is the appropriate Bylaw procedure (Chapter VIII) or whether the matter falls under Bylaws 2.26, 2.27, 2.28, 2.29, 2.39, or 6.47. In regard to this consultation: 1. The District President shall inform the District President of the Respondent that a consultation is underway. He may also seek advice from the Vice-Presidents of his own District, or from the District President of the Respondent. The District President may also ask an opinion of the Commission on Constitutional Matters and/or the Commission on Theology and Church Relations. The District President must follow any opinion received from either the CCM (Bylaw 3.905 d) or the CTCR, which shall be rendered within 30 days or such additional time as the District President may allow. 2. The District President shall require the complainant to fol- low the correct Bylaw provision under the circumstance, if any, and provide evangelical supervision, counsel, and care. 3. If Chapter VIII applies, the District President shall require of the complainant to carry out the mandate of Matthew 18:15, face- to-face with the respondent if the complainant has not already done so as set forth above. The reputation of all parties is to be protected as commanded in the 8" commandment. The goal throughout is al- ways one of reconciliation, of repentance and forgiveness, even if the following proceedings are carried out. 8.07 Procedure for reconcilers a. If the complainant is of the opinion that such informal recon- ciliation efforts have failed, the complainant in consultation with his or her ecclesiastical supervisor shall submit a request to the ad- ministrator of the dispute resolution process, the Secretary of the Synod or District or appointee, as appropriate, that a reconciler, who shall be trained for such service, be appointed to assist in seek- ing reconciliation. Such request shall be accompanied by (a) a writ- ten statement of the matter in dispute and (b) a written statement setting forth, in detail, the efforts that have been made to achieve informal reconciliation. If the Secretary of the Synod or District is a party to the matter in dispute, has a conflict of interest or serves as a witness, the Synod President or District President, as appropri- ate, shall appoint one to serve as the administrator of the process in the matter. b. The Secretary of the Synod or District or appointee, as ap- propriate, shall promptly select the reconciler in the manner here- inafter set forth and then notify the parties to the dispute as to the name and address of the reconciler. He shall also forward to the