LCMS Convention Workbook St. Louis, Missouri — 2004, Page 39

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SYNODICAL REPORTS 39

chosen reconciler and the respondent the statement of the matter in
dispute and the written statement of informal reconciliation efforts.

c. If the reconciler determines that informal reconciliation ef-
forts have been inadequate, the reconciler shall direct the parties to
engage in further informal reconciliation efforts. Such additional
time shal] not exceed 60 days.

d. If informal reconciliation efforts do not resolve the matter,
the reconciler shall direct the respondent to submit to the recon-
ciler and the complainant a written reply responding to the state-
ment of the matter in dispute. The reconciler shall simultaneously
arrange a formal reconciliation meeting with the parties to the dis-
pute. Such meeting shall be scheduled by the reconciler at the ear-
liest 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 lis-
ten to the facts as presented by the parties to the dispute and seek to
reconcile their differences on the basis of Christian love and for-
giveness. 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 testi-
mony.” Such meeting shall not be open to the public, nor shall any
formal record be made thereof. The reconciler may draw upon per-
sons 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 con-
tains the actions of the reconciler, the facts agreed to, the facts re-
maining in dispute, and whether reconciliation has been achieved.
Attached to the report shall be

1. the statement of the complainant as to informal reconcilia-
tion efforts;

2. the statement of the matter in dispute;

3. any reply by the respondent. ‘

The report and the attachments shall be forwarded to the par-
ties to the dispute and the Secretary of the Synod or District as ap-
propriate.

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 Dis-
pute Resolution Panel.

h. If the complainant requests formation of a Dispute Resolu-
tion 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 rec-
onciler with its attachments.

8.09 Procedure of Dispute Resolution Panel

a. Each Dispute Resolution Panel, who shall be trained for such
service, shall have a non-voting hearing facilitator who will serve
as chairman of the panel. Within 30 days after the appointment of
the panel and after the hearing facilitator confers with the parties
to the dispute, the Dispute Resolution Panel shall meet in person
or by telephone conference for the purpose of selecting a secretary
and choosing a location and a date for the formal hearing of the
matter.

b. The formal hearing before the Dispute Resolution Panel con-
ducted by a hearing facilitator shall take place within 60 days after
the date of final selection by the hearing facilitator and panel mem-
bers, unless there is unanimous consent by the pane] members for a
short delay beyond such 60 days for reasons the panel deems ap-
propriate.

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 dis-
cussion at the hearing. Witnesses who can substantiate the facts rel-
evant to the matter in dispute may be called before, and address,
the panel. The Secretary of the District or of the Synod or the ap-
pointee, when serving as the administrator of the process, shal] not
attend the hearing nor serve as a witness. The panel under the lead-
ership of the hearing facilitator 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 shal] 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. 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.

d. 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 (Constitu-
tion Art. XI B 1-3), may request a decision regarding a reconsid-
eration. The President may also request that an opinion of the Com-
mission on Constitutional Matters or Commission on Theology and
Church Relations be obtained. Such request for a reconsideration
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 the
Synod shall send the request for reconsideration to each panel
member. Within 30 days, the Appeal Panel shall issue in writing
its decision as to the request for reconsideration. If a reconsidera-
tion is granted, the Secretary of the Synod or his representative
shall within 21 days select a Review Panel in the prescribed man-
ner. The Review Panel shall generally decide the issue on the
record without further formal hearing but may follow the proce-
dure used by a Dispute Resolution Panel if deemed necessary.

e. The final decision of the Review Panel shall

1. be binding upon the parties to that dispute and not be subject
to further appeal;

2. have no precedential value;

3. be carried out by the appropriate person, group, or member of
the Synod;

4. be publicized as deemed appropriate under the circumstances
by the District or synodical President.

8.11 Congregation’s Right of Self-Government

The congregation’s right of self-government shall be recog-
nized. However, when a decision of a congregation is at issue, a
Dispute Resolution Panel may review the decision of the congre-
gation according to the Holy Scriptures and shall either uphold the
action of the congregation or advise the congregation to review and
revise its decision. If the congregation does not revise its decision,
the other congregations of the Synod shall not be required to re-

2004 Convention Workbook