LCMS Convention Workbook St. Louis, Missouri — 2004, Page 37

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SYNODICAL REPORTS 37

3. If any part of the dispute involves a specific question of doc-
trine or doctrinal application, each party shall have the right to an
opinion from the Commission on Theology and Church Relations.
If it involves questions of Constitution or Bylaw interpretation,
each party shall have a right to an interpretation from the Commis-
sion on Constitutional Matters. The request for an opinion must be
made through the Review Committee, which shall determine the
wording of the question(s). The request for an opinion must be
made within four weeks of the final formation of the Review Com-
mittee. If a party does not request such an opinion within the des-
ignated time, such a request may still be made to the Review Com-
mittee, which shall, at its discretion, determine whether the request
shall be forwarded. The Review Committee shall also have the
right, at any time, to request an opinion from the Commission on
Theology and Church Relations or the Commission on Constitu-
tional Matters. When an opinion has been requested, the time lim-
itations will not apply until the opinion has been received by the
parties. Any opinion received must be followed by the Review
Committee.

4. All hearings shall be private, attended only by the parties and
the witnesses who can substantiate the facts relevant to the matter
in dispute. The Review Committee shall establish the procedure to
be followed in the hearing and the relevancy of evidence so that
each party shall be given an opportunity to present fully its respec-
tive position. In performing its duty, the Review Committee shall
continue efforts to reconcile the parties on the basis of Christian
love and forgiveness. If a party is a board or commission of the
Synod or its Districts, it shall be represented by its chairman or a
designated member.

5. Within 60 days after completion of the final hearing, the Re-
view Committee shall issue a written decision which shall state the
facts determined by the committee and the reasons for its decision
and forward them to the parties and the Board of Regents. The
Board of Regents shall then take appropriate action, which shall be
final.

g. If the committee decides there is a valid complaint (1) re-
garding matters under Bylaw 6.43 c 1-6, it may take whatever ac-
tion it deems appropriate, including recommendation for termina-
tion of the employment contract; (2) regarding matters under
Bylaw 6.43 c 5—6, if the member of the institution’s faculty or ad-
ministration is a member of the Synod, it must also refer the com-
plaint to the District President, who shall follow the procedure set
forth in Bylaw 2.26 or 2.29.

h. At every stage of the above-described procedure, all parties
must be furnished copies of all documents filed.

BYLAW 8.00 (CHAPTER VIIT) PROPOSED AMENDMENTS
VILL. Synodical Dispute
Resolution
Preamble

When disputes, disagreements, or offenses arise among mem-
bers of the body of Christ, it is a matter of grave concern for the
whole church. Conflicts which occur in the body should be re-
solved promptly (Matt. 5:23-24; Eph. 4:26-27). Parties are urged
by the mercies of God to proceed with one another with “the same
attitude that was in Christ Jesus” (Phil. 2:5). In so doing, individu-
als, congregations, and various entities and agencies within the
Synod are urged to reject a “win-lose” attitude that typifies secular
conflict. For the sake of the Gospel, the church should spare no re-
source in providing assistance.

The Holy Scriptures (1 Cor. 6:1-7) urge Christians to settle
their differences by laying them before the “members of the broth-
erhood.” Therefore, the Synod in the spirit of | Corinthians 6 calls
upon all parties to a disagreement, accusation, controversy, or dis-
ciplinary action to rely exclusively and fully on the Synod’s sys-

tem 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 pro-
cedures 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 disci-
pline 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 reso-
lution 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 recon-
ciliation” 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 rec-
onciliation, it always seeks to do so with a proper distinction be-
tween 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 man-
ner, 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 it-
self or with Districts or other organizations owned and controlled
by the Synod. It shall be the exclusive remedy to resolve such dis-
putes 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 in-
volves only a difference of opinion without personal animosity or is
one which involves ill will 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, en-
tity, 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 provides evangelical procedures to remedy dis-
putes only and does not set forth procedures for expulsion from
membership (Article 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 resort-
ing to secular courts, this Chapter does not provide an exclusive

2004 Convention Workbook