LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 181

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ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
c. If the reconciler determines that informal reconciliation efforts have been inadequate, the reconciler shall direct the parties to engage in further informal reconciliation
efforts. Such additional time shall not exceed 60 days.
d. If informal reconciliation efforts do not resolve the
matter, the reconciler shall direct the respondent to submit
to the reconciler and the complainant a written reply responding to the statement of the matter in dispute. The reconciler shall simultaneously arrange a formal reconciliation
meeting with the parties to the dispute. Such meeting shall
be scheduled by the reconciler at the earliest reasonable
date possible, at a location which will minimize travel for
the parties to the dispute.
e. At the formal reconciliation meeting, the reconciler
shall listen to the facts as presented by the parties to the
dispute and seek to reconcile their differences on the basis
of Christian love and forgiveness. With the approval of the
reconciler, each party may, in the manner described in
Matt. 18:16, bring one or two persons to the meeting “so
that every matter may be established by their testimony.”
Such meeting shall not be open to the public, nor shall any
formal record be made thereof. The reconciler may draw
upon persons and resources which the reconciler deems
necessary to assist in the reconciliation process.
f. Upon conclusion of the formal reconciliation meeting
or meetings, the reconciler shall prepare a written report
which contains the actions of the reconciler, the facts
agreed to, the facts remaining in dispute and whether reconciliation has been achieved. the issues which were resolved, the issues which remain unresolved, and whether
reconciliation has been achieved. Attached to the report
shall be
1. the statement of the complainant as to informal reconciliation efforts;
2. the statement of the matter in dispute; and
3. any reply by the respondent.
No information shared in confidence shall be included in
the report. The report and the attachments shall be forwarded to the parties to the dispute and the Secretary of
the Synod or District as appropriate.
g. If the parties with the assistance of the reconciler
have been unable to achieve reconciliation, the complainant
shall notify the Secretary of the Synod within 30 days after
receiving the report from the reconciler whether the matter is to be presented to a Dispute Resolution Panel.
h. If the complainant requests formation of a Dispute
Resolution Panel, the Secretary of the Synod or his representative shall within 21 days select such a panel in the
prescribed manner and then forward to each panel member a copy of the report of the reconciler with its attachments.
8.09 Procedure of Dispute Resolution Panel
a. The Dispute Resolution Panel shall meet in person,
or by telephone conference, within 30 days after its appointment, for the purpose of selecting a chairman and secretary. After the chairman confers with the parties to the
dispute, the Dispute Resolution Panel shall choose Each
Dispute Resolution Panel shall have a non-voting hearing
facilitator who will serve as chairman of the panel. Within

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30 days after the appointment of the panel, the hearing facilitator shall confer with the parties and the Dispute Resolution Panel for the purpose of choosing a location and a
date for the formal hearing of the matter.
b. The formal hearing before the Dispute Resolution
Panel, conducted by a hearing facilitator, shall take place
within 60 days after the date of final selection of the by the
hearing facilitator and panel members, unless there is
unanimous consent by the panel members for a short delay
beyond such 60 days for reasons the panel deems appropriate.
c. The following rules for the Dispute Resolution Panel
shall apply:
1. The hearing shall be private, attended only by the
parties, and one adviser of each party’s choice, should any
party desire one. This adviser shall not address the panel
or participate in the discussion at the hearing. Witnesses
who can substantiate the facts relevant to the matter in
dispute may be called before, and address, the panel. The
administrator of the process shall not attend the hearing
nor serve as a witness. The panel shall establish the procedure to be followed in the hearing and the relevancy of evidence so that each party shall be given an opportunity fully
to present its respective position. In performing its duty,
the panel shall continue efforts to reconcile the parties on
the basis of Christian love and forgiveness.
2. Within 60 days after the final hearing, the panel shall
issue a written decision which shall state the facts determined by the panel and the reasons for its decision.
3. The panel shall forward a copy of its decision to:
a) each party to the matter in dispute;
b) the Secretary of the Synod;
c) the President of the Synod;
d) the President of the respective District.
4. The final Subject to request for review or appeal (contemplated or pending), the decision of a Dispute Resolution
Panel shall:
a) be binding upon the parties to that dispute subject to
request for review;
b) have no precedential value;
c) be carried out by the appropriate person, group, or
member of the Synod;
d) be publicized as deemed appropriate under the circumstances by the District or synodical President.
8.10 Procedure for Appeal and Review
d. a. Within 30 days after receiving the decision of the
Dispute Resolution Panel, any party to the dispute, or the
President of the Synod if a question of doctrine or practice
is involved (Constitution Art. XI B 1–3), may request a decision regarding reconsideration an appeal of the decision.
The President may also request that an opinion of the Commission on Constitutional Matters or Commission on Theology and Church Relations be obtained. Such request for a
reconsideration an appeal shall be mailed to the Secretary
of the Synod, each member of the Dispute Resolution Panel,
and the other parties to the dispute, and shall be accompanied by a written memorandum stating the basis for the request. Within 30 days after receipt, an Appeal Panel shall
be selected in the prescribed manner, and the Secretary of
2004 Convention Proceedings