LCMS Convention Workbook St. Louis, Missouri — 2001, Page 267

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STRUCTURE, PLANNING, AND ADMINISTRATION 267

7-73

To Study Return to Former Process
for Dispute Resolution

WHEREAS, The Holy Scriptures (1 Cor. 6:1-17) urges Christians
to settle their differences by laying them before the “members of
the brotherhood” and to resolve conflicts that occur in the body of
Christ promptly (Matt. 5:23-24; Eph. 4:26—27); and

Wrereas, The current resolution process involves an appointed
panel consisting of one theologian and two laymen chosen to re-
solve conflicts that most often are theological in nature; and

WHEREAS, Our Synod’s former resolution process involved con-
vention-elected theologians and lay adjudicators to serve on the
Synod’s Commission on Appeals and the Commission on Adjudi-
cation; and

WuEREAS, The current Dispute Resolution Panels’ rulings or
their verdicts have been ignored or sidetracked by congregations,
pastors, or District Presidents involved; therefore be it

Resolved, That our Minnesota North District meeting in con-
vention this year (2000) memorialize our Synod to study returning
to the Synod’s process for resolving disputes prior to 1992: namely,
an elected Commission on Adjudication and an elected Commis-
sion on Appeals; and be it further

Resolved, That the suggested amendments of Memorial 4-05 be
included in the synodical study.

Minnesota North District

7-74

To Return to Former Adjudication Process

WHEREAS, Prior to 1992 the Synod was blessed with a system of
dispute resolution that was deemed to be biblical and fair and that
safeguarded the individual members and the Synod’s rights, in spite
of the fact that the Synod did not always prevail in disputes against
individual members; and

WHEREAS, Prior to 1992 the Commission of Adjudication and
the Commission of Appeals were elected by the synodical conven-
tion in a process deemed to be biblical and impartial, and now
“Reconcilers” are appointed; and

WHEREAS, There is no guarantee that the “Dispute Resolution
Panels” will include pastors, in spite of the Augsburg Confession
XXVIII 21, which says that the jurisdiction to judge doctrine and to
reject doctrines contrary to the Gospel belongs to the office of the
ministry by divine right; and

WuHerEAS, The current system of dispute resolution denies the
accused the right to have counsel present with whom he may dis-
cuss his issue during the dispute process, a process that could result
in the loss of the member’s calling and means of livelihood, thus
making the current system inherently unfair; therefore be it

Resolved, That the Synod in its 2001 convention return to the
former system of adjudication as found in the 1989 Handbook im-
mediately upon ratification of this resolution and reject the current
system found in the 1998 Handbook.

Salem, Taylorsville, NC; Hope, Akron, OH

7-715

To Reinstitute Synodical Adjudication Process

WHEREAS, St. Paul’s use of the civil courts in Acts 24 indicates
adjudication of matters within the framework of constituted tem-
poral authority is not inherently sinful and is consistent with his
teaching in Romans 13; and

WHEREAS, Art. XIV of the Apology accepts church regulations
as set down by the ancient fathers, and thus recognizes the church
is governed by human law and not divine law, which places church
administration amongst that which is adiaphora and not com-
manded by God; and ;

Wrereas, Art. XVI of the Augustana as well as Art. XVI of the
Apology do not prohibit the use of civil courts for redress, and, in-
deed, encourage such use under existing civil (human) law; and

Wuereas, Both Scripture and the Confessions see nothing in-
herently evil or unfair in the use of human law for redress or the
processes associated therewith; and

WHEREAS, The Lutheran church has always made a distinction
between Law and Gospel in the Scriptures, prohibiting the use of
the Gospel as a new law or viewing Christ as a new Moses; and

WHEREAS, Prior to 1992 LCMS enjoyed an adjudication system
entirely consistent with the Confessions, which was adiaphoral in
nature, and used the general framework of civil court procedure to
ensure fairness and consistency; and

WHEREAS, The 1992 synodical convention adopted a new adju-
dication system, which in its preamble sought to appeal to several
spurious Scripture citations, inter alia, equating the reconciliation of
God to man in the Gospel to reconciliation of disputes within the
Synod, and requiring the new adjudication system as the only rem-
edy to such disputes; and

Wuereas, In equating the reconciliation of the Gospel to dis-
pute adjudication as the only permissible remedy in the Synod, the
Gospel has been made into a new law; and

WHEREAS, The Reformed tradition, over and against the Luther-
ans, views Scripture as codex of laws of equal importance thereby
confounding Law and Gospel and thereby transforming the Gospel
into a new law; and

WuereaS, While the 1992 dispute adjudication contains dis-
tinctly Reformed tendencies, it contains a distinctly anti-Lutheran
provision that precludes members of the Synod the use of civil
courts as a means of redress under peril of expulsion from the
Synod in contravention to both the Augustana and the Apology;
and

WHEREAS, The 1992 dispute adjudication deplores the use of
civil procedure in contravention to Romans [3 as well as the Au-
gustana and the Apology; and

WHEREAS, A comparison of the pre-1992 dispute resolution
process with the one currently in force indicates the latter is an in-
ferior method of conflict resolution, since justice is the proper ob-
ject of a formal adjudication process and not reconciliation; there-
fore be it

Resolved, That the entire Section VIII of the current Bylaws be
abolished by the 2001 synodical convention and replaced with By-
laws Section VIII in force previous to 1992; and be it further

Resolved, That the 2001 convention elect synodical members
of synodical adjudication bodies mentioned in Bylaws Section VIII
previous to 1992, and that the convention authorize the Boards of
Directors of the several Districts to appoint such members of Dis-
trict adjudication bodies mentioned in Bylaws Section VIII prior
to 1992 until such members may be elected at the District conven-
tions in 2003.

Redeemer
St. Clair Shores, MI

7-76

To Return to Former Adjudication
and Appeals 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 premises that it would
make the Synod’s dispute resolution procedures more biblical and
less litigious; and

WHEREAS, The first premise 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

2001 Convention Workbook