LCMS Convention Proceedings St. Louis, Missouri — 1992, Page 142

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142

RESOLUTIONS

to do so with a proper distinction between Law and Gos-
pel, 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, mem-
bera of the Synod, the Synod itself, a District or an or-
ganization owned and controlled by the Synod, persons
involved in excommunication or lay members of congre-
gations of the Synod halding 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 ig applicable! whether the dis.
pute involves only a difference of opinion withaut
sonal animosity or is one which involves ill will and sin
which requires repentance and forgiveness. No person or
entity to whom or to which the provisions of this chapter
are applicable because such person or entity is a member
of the Synod may render ng ha visions of this chapter
inapplicable by terminating that membership.

8.02 Exceptions

This chapter does not prescribe an exclusive remed:
in the following mattera unless they involve theological,
doctrinal, or ecclesiastical issues:
I. Disputes concerning property rights (e.g., real e3-
tate agreements, mortgages, fraud, or embezzlement),
2. Disputes arising under contractual arrangements
of all kinds (e.g., contracts for goods, services, or em-
ployment benefita), 1

8.03 Definition of Terms As Used in This

Chapter
Complainant—a pai party to @ dispute who initiates
action to settle conflict under the provisions of the Syn-

od’s dispute resolution process.

Dispute Resolution Panel—three persons who are
reconcilers selected by blind draw, who shall hear mat-
ters in dispute between parties and assist in reconcili-
ation or provide for a resolution of the dispute by
rendering a final decision.

May—as used in this chapter the word may is per-
missive, expressing ability, liberty, or the possibility to
act.

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 bath 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.

Shall—as used in this chapter the word shall is a
word of command that must always be given an imper-
ative or compulsory meaning.

Statement of the matter in dispute—a written
concise statement containing factual assertions involu-
ing contended or conflicted issues between one or more
parties. The statement may ulso contain a request for the

type of relief to be granted.

8.05 Informal Efforts toward Reconciliation
Before any matter is submitted to the formal recon-
ciliation process, the parties involved in a dispute must

meet together, face to face, in a good faith attempt to
settle their dispute (Matt. 18:15).

a

8.07 Procedure for Reconcilers

a. If the complainant is of the opinion that such in-
formal reconciliation efforts have failed, the complain-
ant shall submit a request to the Secretary of the Synod
or District, as appropriate, that a reconciler be appointed
to assist in seeking reconciliation. Such request shall be
accompanied by (a) a written statement of the matter in
dispute and (b) a written statement setting forth, in de-
tail, the efforts that have been made to achieve informal
reconciliation.

b. The Secretary of the Synod or District, as appro-
priate, shall prompily select the reconciler in the manner
hereinafter set forth and then notify the parties to the
diapute as to the name and address of the reconciler. He
shall also forward to the chosen reconciler and the re-
spondent the statement of the matter in dispute and the
written statement of informal reconciliation efforts. *

¢. If the reconciler determines that informal recon-
ciliation efforts have been inadequate, the reconciler
shall direct the parties to engage in further informal
reconciliation offbrts. Such additional time shall not ex-
ceed 60 days.

d. If informal reconciliation efforts do not resolve the
matter, the reconciler shall direct the respondent to sub-
mit to the reconciler and the complainant a written re
responding to the statement of the matter in dispute. py
reconciler shall simultaneously arrange a formal rec-
onciliation meeting with the parties to the dispute. Such
meeting shall be scheduled by the reconciler at the ear-
liest reasonable date possible, at a location which will
minimize travel for the parties to the dispute.

e. At the formal reconciliation meeting, the reconciler
shall listen to the facts as presented re the parties to the
dispute and seek to reconcile their differences on the ba-
sis of Christian love and forgiveness. With the approval
of the reconciler, each party may, in the manner de-
scribed in Matt. 18:16, bring one or two persons to the

’ meeting “so that every matter may be established by their

testimony.” Such meeting shall not be open to the public,
nor shall any formal record be made thereof.

f. Upon conclusion of the formal reconciliation meet-
ing or meetings, the reconciler shall prepare a written
report which contains the actions of the reconciler, the
facts agreed to, the facts remaining in dispute and
whether reconciliation has been achieved. Attached to
the report shall be

1. the statement of the complainant as to informal
reconciliation efforts;

2. the statement of the matter in dispute;

3. any reply by the respondent.

The report and the attachments shall be forwarded
to the parties to the dispute and the Secretary of the
Synod or District as appropriate.

&. If the parties with the assistance of the reconciler
have been unable to achieve reconciliation, the complain-
ant shall notify the Secretary of the Synod within 30
days after receiving the report from the reconciler
whether the matter ts to be presented to a Dispute Res-

olution Panel.

h, If the complainant requests formation of a Dispute
Resolution Panel, the Secretary of the Synod shall within
10 days select euch a panel in the prescribed manner
and then forward to each panel member a copy of the
report of the reconciler with its attachments.

8.09 Procedure of Dispute Resolution Panel

a. The Dispute Resolution Panel shall meet in person,
or by telephone conference, within 30 days after its ap-
pointment for the purpose of selecting a chairman and
secretary. After the chairman confers with the parties to
the dispute, the Dispute Resolution Panel shall choose a
location and a date for the formal hearing of the matter.

6. The formal hearing before the Dispute Resolution
Panel shail take place within 60 days after the date of
final selection of the panel members unless there is unan-
imous consent by the panel members for a short delay
beyond such 60 days for reasons the panel deems
appropriate.