LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 183

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ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION

183

d. The chairman of the panel may draw upon persons
and resources which he deems necessary for conducting a
hearing in a fair and equitable manner.
4. The Secretary of the Synod shall correct any problem
with the panel from the remaining names by blind draw according to the SOPM. In the event additional names are
needed, three names will be selected in the manner set
forth above and those names submitted to each party who
shall have the right to strike one. In the event there is more
than one remaining, the Secretary shall determine the final
member by a blind draw according to the SOPM from that
remainder.
c. The hearing facilitator shall be selected as follows:
1. Three names shall be selected by a blind draw according to the SOPM from the hearing facilitator roster.
2. No hearing facilitator shall be from the District in
which the dispute arose or from any District in which a
party holds membership.
3. The list shall be mailed simultaneously to each party,
who shall be entitled to strike one name and return the list
to the Secretary of the Synod within one week.
4. The Secretary of the Synod shall correct any problem
with the panel from the remaining names by blind draw according to the SOPM. In the event additional names are
needed, three names will be selected in the manner set
forth above and those names submitted to each party who
shall have the right to strike one. In the event that there
is more than one remaining, the Secretary shall determine
the final member by a blind draw according to the SOPM
from that remainder.
d. The hearing facilitator shall conduct the hearing,
shall serve as chairman of the panel, and may draw upon
persons and resources which he deems necessary for conducting a hearing in a fair and equitable manner.
e. The Dispute Resolution Panel shall select its own secretary from its members.

4. The Secretary of the Synod will shall correct any problem in panel membership by a further blind draw for removals or additions until the panel is constituted.
5. The panel shall elect a chairman and secretary. with
the panel from the remaining names by blind draw according to the SOPM. In the event additional names are
needed, three names will be selected in the manner set
forth above and those names submitted to each party, who
shall have the right to strike one. In the event that there
is more than one remaining, the Secretary shall determine
the final member by a blind draw according to the SOPM
from that remainder.
d. The hearing facilitator shall be selected as follows:
1. Three names shall be selected by a blind draw according to the SOPM from the hearing facilitator roster.
2. No hearing facilitator shall be from the District in
which the dispute arose or from any District in which a
party holds membership.
3. The list shall be mailed simultaneously to each party,
who shall be entitled to strike one name and return the list
to the Secretary of the Synod within one week.
4. The Secretary of the Synod shall correct any problem
with the panel from the remaining names by blind draw according to the SOPM. In the event additional names are
needed, three names will be selected in the manner set
forth above and those names submitted to each party who
shall have the right to strike one. In the event that there
is more than one remaining, the Secretary shall determine
the final member by a blind draw according to the SOPM
from that remainder.
e. The hearing facilitator shall conduct the hearing,
shall serve as chairman of the panel, and may draw upon
persons and resources which he deems necessary for conducting a hearing in a fair and equitable manner.
f. The Review Panel shall select its own secretary from
its members.

8.16 Appeal Panels and Review Panels

8.17 Disqualification

a. The Appeal Panel shall be made up of three District
Presidents who shall be trained for such service: one selected by the complainant, one selected by the respondent,
and the third selected by the two Appeal Panel members so
selected. If the two Appeal Panel members cannot agree on
a third, the Secretary of the Synod shall select the third
member by blind draw according to the SOPM from the remaining District Presidents.
b. The synodical roster of reconcilers shall comprise the
list from which Review Panel members will be selected.
c. Each Review Panel shall consist of five three persons,
at least two one of whom shall be a pastors, and at least
two one layman, selected as follows:
1. Fifteen Nine names shall be selected by a blind draw
according to the SOPM from the synodical roster of reconcilers.
2. No member shall be from the District in which the
dispute arose, or, if it is a synodical question, from any District in which a party holds membership.
3. The list shall be mailed simultaneously to each party,
who shall be entitled to strike five three names and return
the list to the Secretary of the Synod within one week.

a. The standard for disqualification of a reconciler or
panel member or hearing facilitator shall be actual partiality or the appearance thereof. Any party and/or parties to a
dispute shall have the right to request disqualification of a
reconciler, or a panel member, or a hearing facilitator. If
that individual does not agree to the disqualification, the
decision shall be made by a separate three-member panel of
reconcilers drawn for that purpose according to the SOPM.
b. In the event that a reconciler, panel member, or hearing facilitator is disqualified, another individual shall be
chosen by blind draw according to the SOPM.
c. An individual who has served as a reconciler in a matter shall not be a member of the Dispute Resolution Panel
in the same matter.
8.19 Decisions
a. Quorum: A majority of the panel members shall be involved in all stages of the decision-making process.
b. Majority Vote: The Dispute Resolution Panel, Appeal
Panel, or Review Panel, shall issue a decision based on a
majority vote of the panel. In the event that a majority decision cannot be reached, a new panel shall be formed im2004 Convention Proceedings