LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 179

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ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
sively and fully on the Synod’s system of reconciliation and
conflict resolution. The use of the Synod’s conflict resolution procedures shall be the exclusive and final remedy for
those who are in dispute. Fitness for ministry and other
theological matters must be determined within the church.
Parties are urged, in matters of a doctrinal nature, to follow
the procedures as outlined in Bylaw 2.39 c.
The words of Jesus in Matt. 18:15–20 provide the basis
for church discipline for the local congregation. The same
passage also grants Christ’s guidance to all Christians in
seeking to settle other disputes, many of which fall outside
the purview of church discipline involving the congregation.
In either case, the steps of Matthew 18 should be applied
lovingly in both formal and informal settings. The parties
and others attempting to effect resolution of a dispute must
always remain mindful that the church has been given the
“ministry of reconciliation” (2 Cor. 5:18). Hence, conflict resolution in the church is to lead to reconciliation, restoring
the erring member in a spirit of gentleness (Gal. 6:1). Its
aim is to avoid the adversarial system practiced in society.
The heart and center of all Christian conflict resolution
is the justification of the sinner through grace in Christ
Jesus. Biblical reconciliation of persons in conflict begins
with God’s truth that we are all sinners who have been reconciled to God through the death and resurrection of Christ
Jesus. Christ’s “ministry of reconciliation” is one of the
church’s foremost priorities.
Christian conflict resolution seeks to resolve disputed issues in a manner pleasing to God. Those in conflict are
urged to proceed prayerfully in good faith and trust. Disputes are more likely to be resolved harmoniously if those
involved in the conflict recognize one another as redeemed
children of God.
Christians involved in conflict must always stand ready
to ask for or extend forgiveness in accordance with Scripture. As the church endeavors to help bring about peace,
truth, justice, and reconciliation, it always seeks to do so
with a proper distinction between Law and Gospel, 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, members of
the Synod, the Synod itself, a District or an organization
owned and controlled by the Synod, persons involved in excommunication or lay members of congregations of the
Synod holding 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 shall be the exclusive remedy to resolve such
disputes which involve theological, doctrinal, or ecclesiastical issues, except for those covered under Bylaws 2.26−
2.29 and except as provided in Bylaw 8.02. It is applicable
whether the dispute involves only a difference of opinion
without personal animosity or is one which involves ill will

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and sin which requires repentance and forgiveness. No person, entity, or agency to whom or to which the provisions
of this chapter are applicable because such person, entity,
or agency is a member of the Synod may render the provisions of this chapter inapplicable by terminating that membership.
8.02 Exceptions
This chapter does not prescribe an exclusive remedy in
the following matters unless they involve theological, doctrinal, or ecclesiastical issues:
This chapter provides evangelical procedures to remedy
disputes only and does not set forth procedures for expulsion from membership (Constitution Art. XIII and Bylaws
2.26−2.29) nor does it set forth procedures for board of regents’ supervision of faculty and administration as specified in Bylaws 6.39−6.47. While Christians are encouraged
to seek to resolve all their disputes without resorting to secular courts, this chapter does not provide an exclusive remedy for the following matters, unless such matters involve
theological, doctrinal, or ecclesiastical issues, including
those arising under the divine call of a member of the
Synod:
1. Disputes concerning property rights (e.g., real estate
agreements, mortgages, fraud, or embezzlement);
2. Disputes arising under contractual arrangements of
all kinds (e.g., contracts for goods, services, or employment
benefits).
8.03 Definition of Terms as Used in This Chapter
Administrator: The Secretary of a District or of the
Synod or an appointee (Bylaw 8.07 a) who manages the dispute resolution process but who does not take leadership,
declare judgments, advise, or become involved in the matter in dispute.
Appeal panel: Three District Presidents selected according to these Bylaws to determine whether the decision
of a Dispute Resolution Panel should be reconsidered or reviewed.
Blind draw: Selection of names according to the procedures set forth in the Standard Operating Procedures Manual.
Complainant: A party to a dispute party and/or parties
to a dispute who initiates action to settle conflict under the
provisions of the Synod’s dispute resolution process.
Dispute Resolution Panel: Three persons who are reconcilers selected by blind draw, according to these Bylaws
and one person who is a non-voting hearing facilitator selected according to these Bylaws, who shall hear matters
in dispute between parties and assist in reconciliation or
provide for a resolution of the dispute by rendering a final
decision.
Face-to-face: A meeting face-to-face in person between
the parties in dispute following the guidelines of Matt.
18:15. E-mail, regular mail, fax, or telephone call (or any
combination thereof) does not satisfy this requirement.
(Note: Failure to conduct a face-to-face meeting within 30
days or within such extension as may be established by the
involved ecclesiastical supervisors shall result in dismissal
2004 Convention Proceedings