LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 180

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180

RESOLUTIONS

if the fault lies with the accuser or movement to the next
stage if fault lies with the accused.)
Formal: Efforts to resolve the dispute toward reconciliation beginning with the formal reconciliation meeting.
Hearing facilitator: One selected according to these
Bylaws and trained to serve as a facilitator for hearings before panels.
Informal: All efforts toward reconciliation prior to the
formal reconciliation meeting.
May: As used in this chapter, the word “may” is permissive, expressing ability, liberty, or the possibility to act.
Party and/or parties to a dispute or the matter
(“party to the matter in dispute”): A “party and/or parties to a dispute” is either a complainant or a respondent. A
reconciler, panel member, hearing facilitator, or ecclesiastical supervisor is not a “party and/or parties to a dispute.”
Persons involved: “Persons involved” includes the
complainant, the respondent, the administrator of the
process, the ecclesiastical supervisor, reconciler, panel
members, hearing facilitator, a witness, an advisor, or any
others involved in the dispute resolution process.
Reconciler: As used in this chapter, a member of The
Lutheran Church—Missouri Synod or of an LCMS congregation who is appointed to be available to assist parties to a
dispute with a view to reconciling them or enabling them
to adjust or settle their dispute, and has completed the synodical training program. A reconciler does not judge or take
sides but rather, with the help of God, assists both parties
to find their own resolution to the dispute.
Reply of respondent: A written response issued by a
party and/or parties to a dispute containing factual assertions that answer a complainant’s statement of the matter
in dispute.
Respondent: One who is a named party and/or parties
to a dispute brought by a complainant.
Review Panel: Three reconcilers selected according to
these Bylaws and one person who is a non-voting hearing
facilitator selected according to these Bylaws who shall give
a final hearing when the determination of the Appeal Panel
is that the decision of the Dispute Resolution Panel should
be reconsidered or reviewed.
Shall: As used in this chapter, the word “shall” is a word
of command that must always be given an imperative or
compulsory meaning.
Statement of the matter in dispute: A written concise statement containing factual assertions involving contended or conflicted issues between one or more parties.
The statement may also contain a request for the type of
relief to be granted.
Witness: A person called to give testimony regarding
facts to a dispute before a Dispute Resolution Panel. A reconciler appointed to assist parties in dispute resolution or a
person called upon by a reconciler at the formal reconciliation meeting shall not testify as a witness before a Dispute
Resolution Panel in the same dispute.
8.05 Informal Efforts toward Reconciliation and
Consultation
Before any matter is submitted to the formal reconciliation process, the persons involved in a dispute must meet
2004 Convention Proceedings

together, face-to-face, in a good-faith attempt to settle their
dispute (Matt. 18:15). according to the Scriptural mandate
of Matt. 18:15–16, and may involve the informal use of a
reconciler.
And further, before any matter is submitted to the formal reconciliation process, the complainant must meet and
consult with his or her ecclesiastical supervisor to seek advice and also so that it can be determined whether this is
the appropriate bylaw procedure (Chapter VIII) or whether
the matter falls under Bylaws 2.26, 2.27, 2.28, 2.29, 2.39,
or 6.47.
In regard to this consultation:
1. The District President shall inform the District President of the respondent that a consultation is underway. He
may also seek advice from the Vice-Presidents of his own
District or from the District President of the respondent.
The District President may also ask for an opinion of the
Commission on Constitutional Matters (CCM) and/or the
Commission on Theology and Church Relations (CTCR).
The District President must follow any opinion received
from either the CCM or the CTCR, which shall be rendered
within 30 days or such additional time as the District President may allow.
2. The District President shall require the complainant
to follow the correct bylaw provision under the circumstance, if any, and shall provide evangelical supervision,
counsel, and care to the party or parties.
3. If Chapter VIII applies, the District President shall
require of the complainant to carry out the mandate of
Matt. 18:15 face-to-face with the respondent if the complainant has not already done so as set forth above. The
reputation of all parties is to be protected as commanded
in the 8th Commandment. The goal throughout is always
one of reconciliation, of repentance and forgiveness even if
the following proceedings are carried out.
8.07 Procedure for Reconcilers
a. If the complainant either party is of the opinion that
such informal reconciliation efforts have failed, the complainant such party, in consultation with his or her ecclesiastical supervisor, shall submit a request to the administrator of the dispute resolution process, the Secretary of the
Synod or District or appointee, as appropriate, that a reconciler be appointed to assist in seeking reconciliation.
Such request shall be accompanied by (a) a written statement of the matter in dispute and (b) a written statement
setting forth, in detail, the efforts that have been made to
achieve informal reconciliation. If the Secretary of the
Synod or District is a party to the matter in dispute, has a
conflict of interest, or serves as a witness, then the synodical President or District President, as appropriate, shall appoint an administrator of the process in the matter.
b. The Secretary of the Synod or District, as appropriate, administrator shall promptly select the reconciler in
the manner hereinafter set forth and then notify the parties to the dispute as to the name and address of the reconciler. He shall also forward to the chosen reconciler and the
respondent, the statement of the matter in dispute and the
written statement of informal reconciliation efforts.