LCMS Convention Proceedings St. Louis, Missouri — 1995, Page 149

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ignated time, such a request may still be made to the
Dispute Resolution Panel or Review Panel, which shall,
at its discretion, determine whether the request shall
be forwarded. The Dispute Resolution Panel or Review
Panel shail also have the right, at any time, to request
an opinion from the Commission on Theology and
Church Relations or the Commission on Constitutional
Matters. Any opinion so requested shall be rendered
within 30 days or such greater time as the Dispute Res-
olution Panel may allow. When an opinion has been re-
quested, the time limitations will not apply until the
opinion has been received by the parties. Any opinion
received from the Commission on Constitutional Mat-
ters must be followed by the Dispute Resolution Panel
or Review Panel (Bylaw 3.905 d).

Action: Adopted (6).

(An amendment to remove the words but may follow the pro-
cedure used by a Dispute Resolution Panel if deemed necessary
from Bylaw 8.09 d and the words or Review Panel from Bylaw
8.21 b and g was declined. Delegates also declined resolutions to
table the resolution and to reconsider it after its passage.)

To Develop Guidelines for Dispute
’ Resolution and Review Panels
RESOLUTION 7-03B
Overtures 7-58-59 (CW, pp. 242-43)

WHEREAS, The current resolution procedures leave the
selection of guidelines for any specific individual hearing
up to the reconcilers selected to participate on a Dispute
Resolution Panel or a Review Panel (Bylaw 8.09 c 1); and

Wuereas, The parties in dispute have no prior knowl-
edge of what the guidelines will be until meeting with the
Dispute Resolution Panel, placing them in a position of
being “blind” as to guidelines; and

WHEREAS, The Dispute Resolution Panel has sole pre-
rogative to determine what evidence will be admissible in
the meeting with disputants (Bylaw 8.09 c 1); therefore be
it

Resolved, That the Task Force on Dispute Resolution de-

velop guidelines for Dispute Resolution Panels and Review

_ Panels to ensure consistency and uniformity in the process
of the hearing; and be it further

Resolved, That the Task Force complete its work by
April 1, 1996, and report its recommendations to the syn-
odical President and synodical Board of Directors for ap-
proval and implementation; and be it finally

Resolved, That until the Task Force completes its work,
the “Guidelines for Implementation of Bylaws on Dispute
Resolution” already developed by the Task Force be used
as applicable by Dispute Resolution Panels and Review

‘ Panels.

Action: Adopted (6).

(When the floor committee presented Resolution 7-03A for
consideration a motion was made calling for a major amendment
by substitution and deletion. In view of this, the amendment was
ruled a substitute motion which the convention agreed to con-
sider. A motion to have the substitute motion printed, distrib-
uted, and then considered at a later time was declined. The sub-
stitute motion was adopted as printed above.

In the first resolve the words Task Force on Dispute Resolu-
tion were substituted for the words President of the Synod, in con-
sultation with the Board of Directors, appoint a special committee
of five (5), at least two of whom shall be members of the current
Task Force on Dispute Resolution to. In the second resolve the

STRUCTURE, PLANNING, AND ADMINISTRATION 149

words Task Force were substituted for special committee and by
April 1, 1996 for within eight (8) months of its first meeting. A
third resolve which read “Resolved, That the recommended
‘Guidelines for Implementation of Bylaws on Dispute Resolution,’

- developed by the Task Force on Dispute Resolution be considered

by the special committee” was deleted. In the final resolve the
words Task Force completes its work the were substituted for spe-
cial committee reports, these recommended and the words already
developed by the Task Force were added after Bylaws on Dispute
Resolution. The guidelines referred to are the following:

Guidelines for Implementation of Bylaws
on Dispute Resolution

1, It is important to remember that the duties of a reconciler
are very different when engaging in the mediation process as op-
posed to being a member of the dispute resolution pane]. When act-
ing as mediator, the reconciler assists the parties to voluntarily
reach an accord on a mutually satisfactory resolution of the dis-
pute. Here the reconciler does not take sides but remains neutral
in acting as a facilitator of the mediation process. However, as a
member of a dispute resolution panel, the reconciler assumes the
role of a final arbiter and is called upon to hear all the evidence
and then reach a just and fair decision. It should be remembered,
and the parties should be reminded, that the ultimate goal in every
case is reconciliation.

2. At the first formal reconciliation meeting, the reconciler, with
the input of the parties, must clearly define the issues and reduce
them to writing. A panel may review these and revise them if nec-
essary.

3. If a reconciler or a dispute resolution panel has a question
on proper procedure, such question should be promptly communi-
cated by telephone or fax to the Secretary of the Synod.

4. The hearing before the panel should be held in pleasant sur-
roundings. It is suggested that the members of the panel, the par-
ties to the dispute, and the witness be seated in a circle or similar
arrangement. At least ten (10) days’ written notice of the time and
place of the hearing shall be given unless the parties waive such
notice. It shall be the parties’ responsibility to notify their wit-
nesses of the time and place of the hearing. .

5. The panel should remind the parties that each of them must
pay their own costs related to the dispute resolution process.

6. The chairman of the dispute resolution panel shall review
with the parties the rules of procedure as outlined in Bylaw 8.21
prior to the hearing. Since the parties to the dispute may be ill at
ease when appearing before the panel, the panel should fully ex-
plain the procedure to be followed in the hearing and respond to,
any questions the parties may have relative to it.

7. Witnesses should appear before the panel one at a time so
that when the testimony of a witness is concluded, the witness is
excused and leaves the hearing room.’

8. Members of the panel must be cognizant of the fact that they
will be required to make a decision which will affect all parties to
the dispute. Therefore, panel members should make every effort to
reflect their impartiality to the parties and the issues involved.

9. The panel may proceed with its hearing if a party fails to be
present or to secure.a postponement. The party who is present
shall submit the evidence which is necessary for the panel to ar-
rive at a decision. The panel may, but need not, allow the absent
party to appear at a subsequent hearing attended by all parties,

10. At its discretion an electronic recording may be made only
by the panel for its use and for responding to specific questions.

11. The panel must issue its written decision in the matter
within 60 days after conclusion of the hearing. The decision shall
not be publicized in any manner before the written decision is is-
sued.

12. Sample format of a panel decision. .

13. If a panel in its decision makes a monetary award to a
party, the decision should clearly set forth the party that is oblig-
ated to pay such monetary award.

14. The panel should advise the parties at the conclusion of the
hearing that any party may request in writing reconsideration of
the panel decision within 30 days after receiving the written deci-
sion. A request for reconsideration which merely asks the panel to
reconsider its decision will not be considered. A request for recon-
sideration is appropriate only when a matter of doctrine or practice
is involved.