LCMS Convention Workbook St. Louis, Missouri — 1998, Page 263

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STRUCTURE, PLANNING, AND ADMINISTRATION 263

WHEREAS, It is less expensive to train a few people under our
old system to carry out this task, train people who will, indeed,
make use of their training; and

WHEREAS, It is more expensive to train a whole host of recon-
cilers, many of whom will never make use of their training for the
benefit of Synod; therefore be it

Resolved, That we, The Lutheran Church—Missouri Synod, re-
turn to our former process of adjudication.

Concordia
South Haven, MN

7-15

To Return to Former Adjudication Process

WHEREAS, The Lutheran Church—Missouri Synod in conven-
tion in 1992 abolished the process of adjudication and appeals and
in its place set up a process of reconciliation; and

WHEREAS, The reconciliation process won the support of the
delegates of the 1992 convention on the premise that it would make
the Synod’s dispute resolution procedures more biblical and less
litigious; and

WHEREAS, The first premises is suspect in that the complainant
and the respondent may not have legal counsel present during the
process, thus removing a safeguard meant to enable those who
might be wrongly accused to defend their innocence from blame
in keeping with the Eighth Commandment; and

WHEREAS, The first premise is also suspect in that though each
party is allowed one or two persons to the meeting “so that every
matter may be established by their testimony,” but then no formal
record of any meeting is allowed; and

WHEREAS, The first premise is also suspect in that the recon-
ciler is to seek to reconcile differences ‘‘on the basis of Christian
love and forgiveness” (Bylaw 8.07 e) but may not “judge” (Bylaw
8.03) the actions of either party, a judgement which is necessary to
bring about repentance which precedes forgiveness; and

WHEREAS, The second premise now appears suspect in that even
after six years of the reconciliation process the number of litiga-
tions in Synod seems to be increasing, giving testimony to the fact
that often a dispute does not have a “win/win” resolution; and

WHEREAS, The former system of adjudication and appeals
served our Synod well and was respected by the civil courts; there-
fore be it

Resolved, That The Lutheran Church—Missouri Synod return
to the former adjudication and appeals process, electing new Dis-
trict adjudicators in their next conventions, whose terms shall com-
mence with the election of new synodical adjudicators in the 2001
synodical convention, at which time all present reconcilers will be
respectfully dismissed.

Circuit 17 Forum
South Wisconsin District

7-76

To Bring Bylaw Chapter VIII
into Harmony with Lutheran Confessions

WHEREAS, The Preamble to Dispute Resolution makes the fol-
lowing statements;

a. “In so doing, individuals, congregations, and various entities
within the Synod are urged to reject the ‘win-lose’ attitude that typ-
ifies secular conflict”;

b. “Therefore, the Synod in the spirit of 1 Corinthians 6 calls
upon all parties to disagreement, accusations, controversy, or dis-
ciplinary action to rely exclusively and fully on the Synod’s sys-
tem of reconciliation and conflict resolution. The Synod’s conflict
resolution procedures shall be the exclusive and final remedy for
those who are in dispute”; and

WHEREAS, Bylaw 8.01 contains the following statement

“a. ... and shall be the exclusive remedy to resolve such dis-
putes; and

WHEREAS, These statements are in conflict with Art. XVI of the
Apology of the Augsburg wherein we read, “Thus private revenge
is forbidden not as an evangelical counsel but as a command (Matt.
5:39; Rom. 12:19). Public redress through a judge is not forbidden
but expressly commanded, and it is a work of God according to
Paul (Rom. 13:1ff.)”; and

Wuereas, We are instructed by the Fourth, Fifth, Seventh, and
Eighth Commandments to acknowledge civil authorities as an in-
stitution created by God to curb evil; and

WuereaS, The Fourth, Fifth, Seventh, and Eighth Command-
ments instruct us to use God's duly established authorities to pro-
tect our neighbors property and rights through the Godly use of
civil authorities; and

WHEREAS, We cannot look into the heart of another who may
engage in the use of civil authority; and

WuerEAS, In this life we live in the church militant where true
Christians and hypocrites are both found; and

WHEREAS, The visible church is plagued by the schemes of the
devil, the world, and our own sinful natures; and

WHEREAS, The will of God is done whenever He breaks and
hinders every evil plan and purpose of the devil, the world, and our
own sinful nature; and

Wuereas, The Christ has already won the victory over the
devil, the world, and our sinful nature; and

WuereasS, The true Christian church rejoices when Christ tri-
umphs over false doctrine and all ungodliness and makes His ene-
mies our footstool; and

Wuereas, | Cor. 6 must be interpreted in light of the full coun-
sel of God, including Romans 13; and

WHEREAS, We are not to bind the conscience of another; and

WHEREAS, The previous adjudication system contained these
words: “The provisions of this article are established in order to
provide a means consistent with the Holy Scriptures to find the
truth, provide for justice, ...”; and

WHEREAS, The church is to be concerned with truth and provide
for justice so that Law and Gospel be applied according to God’s
Word; and ,

WHEREAS, These words are missing from the present preamble
in Art. VIII; therefore be it

Resolved, That the statements recorded above be changed to
read:

a. “In so doing, individuals, congregations, and various entities
within the Synod are urged to seek the truth and provide for jus-
tice through means consistent with Holy Scripture, as rightly set
forth in the Lutheran Confessions.”

b. “Therefore, the Synod in the spirit of 1 Cor. 6 calls upon all
parties to disagreement, accusations, controversy, or disciplinary
action to rely primarily on the Synod’s system of reconciliation and
conflict resolution. The Synod’s conflict resolution procedures
shall be the primary remedy within the Synod for those who are in
dispute”; and be it further

Resolved, That Bylaw 8.01 be changed to read;
a. “‘... and shall be the primary remedy to resolve such disputes.”

Immanuel
Peoria, IL

7-77

To Return to Old Adjudication Process

Wuereas, Synod in convention in 1992 abolished the adjudi-
cation process then in place, in favor of the new reconciliation
process; and

WHEREAS, The new reconciliation process won the support of
delegates on the pretense that it was going to make the Missouri
Synod’s dispute resolution procedures more biblical; and