LCMS Convention Workbook St. Louis, Missouri — 2001, Page 261

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STRUCTURE, PLANNING, AND ADMINISTRATION 261

Dispute Resolution Panel shall choose a location and a date for
the formal hearing of the matter;

and be it finally

Resolved, That upon adoption of these amendments the Rules
of Procedure of the Dispute Resolution Process also be amended to
bring them into harmony with these Bylaws.

LCMS Board of Directors

7-70

To Elect Reconcilers and Commission
on Constitutional Matters

WHEREAS, Christ our Lord mandated that His followers main-
tain the unity of the Spirit in the bond of peace (Ephesians 4; cf.
John 17; Rom. 15:1—14); and

WHEREAS, We have the example of Peter and Paul, who re-
turned to Jerusalem to present their dispute before the elders to re-
solve it (Acts 15); and

WHEREAS, The apostles sometimes handled conflicts by having
the people choose men to deal with and solve them (the selection of
deacons in Acts 6); and

WrereAS, The church of Christ still manifests conflicts that cry
out for godly resolution; and

WHEREAS, These disputes can involve District and synodical of-
ficials as parties to the dispute; and

WHEREAS, These disputes may also involve questions about the
interpretation of the Constitutions and Bylaws of the Districts and
the Synod; therefore be it

Resolved, That synodical reconcilers be elected by the Synod
gathered in convention; and be it further

Resolved, That District reconcilers be elected by the Districts in
convention; and be it further

Resolved, That scriptural, confessional, and practical training
be given to all reconcilers to equip them for their God-pleasing
task; and be it finally

Resolved, That the members of the Commission on Constitu-
tional Matters also be elected in convention.

Gloria Dei
Chicago, [L

7-71

To Combine Reconciliation, Adjudication,
and Appeal Processes

WHEREAS, The 1992 convention of The Lutheran Church—Mis-
souri Synod voted to replace the system then in place for adjudi-
cation and appeal with a new, untested reconciliation process; and

WHEREAS, The preamble to the dispute resolution process
(Chapter VIII) makes the following statements:

a. “... in so doing, individuals, congregations, and various
entities within the Synod are urged to zeject the win-lose atti-
tude that typifies secular conflict”;

b. “Therefore, the Synod in this spirit of 1 Cor. 6 calls upon
all parties to disagreement, accusations, controversies, or disci-
plinary action to rely exclusively and fully on the Synod’s sys-
tem of reconciliation and conflict resolution. The Synod’s con-
flict 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 disputes”; and

WHEREAS, These statements are in conflict with Art. XVI of the
Apology of the Augsburg Confession, wherein we agree, “Thus
private revenge is forbidden and 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. 131ff)”; and

WHEREAS, The explanation to the Eighth Commandment (L.C.)
reads “If this (private redress) does not help, then bring the matter
before the public, either before the civil or the ecclesiastical court.
Then you do not stand alone”; and

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

WHEREAS, The Fourth, Fifth, Seventh, and Eighth Command-
ments instruct us to use God’s duly established servant to protect
our neighbor’s property, reputation, and nights through the godly
use of civil means; and

WHEREAS, The Lutheran Confessions expressly condemn sects
that bar Christians from using civil means to protect themselves,
saying in Art. XII of the Epitome, “3. That as occasion arises no
Christian, without violating his conscience, may use an office of
the government against wicked people, and that subjects may not
call upon the government to use the power that it possesses and that
it has received from God for their protection and defense” (Errors
of the Anabaptists, Intolerable Articles in the Body Politic); and

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

WHEREAS, The visible church on earth consists of both devout
men and hypocrites; and

WuerEAS, Evil men are found everywhere, especially in the
church, and seek to destroy the good name and reputations of faith-
ful stewards of God’s Word; 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
sinful nature; and

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

WHEREAS, 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 Rom. 13; and

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

WHEREAS, The present dispute resolution system has shown it-
self to be deficient in the rightfull adjudication of the cases brought
before its dispute resolution panels and review panels; and

WuereEAS, The present system has shown itself to be completely
unable and uninterested in bridling the District Presidents’ abuse
of power and to bind them to act in accordance with the Lutheran
Confessions; and

WHEREAS, It is scripturally impossible to reconcile good and
evil so both parties in a dispute are perceived winners; and

WHEREAS, The present dispute resolution process does not take
seriously the doctrines of original sin, the two kingdoms, the
church militant, etc.; and

WHEREAS, The present dispute resolution process is weighted
in favor of District Presidents and against those who are accused,
restricted, or suspended; and

WHEREAS, The rulings of the reconcilers are often based on ar-
bitrary psychological opinions and personal bias not usually toler-
ated in society at large; and

WHEREAS, Decisions of reconcilers are not bound to specific ci-
tations from Scripture, the Lutheran Confessions, or the theology of
C. F. W. Walther’s “Church and Ministry”; and

WHEREAS, The dispute resolution process has shown itself to be
based more on the subjectivity and piety of the reconcilers than on
objective evidence, sound reasoning, and theological truths; and

WHEREAS, The church is to be concerned with truth and justice
so that the Law and Gospel of Jesus Christ can be applied in con-
formity with the Lutheran Confessions; and

2001 Convention Workbook