LCMS Convention Proceedings St. Louis, Missouri — 2007, Page 163

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SYNOD STRUCTURE AND GOVERNANCE

To Affirm Christian Resolution
of Disputes
RESOLUTION 8-02A
Overtures 8-05–10, L8-72 (CW, pp. 259–261)
WHEREAS, God has clearly stated in 1 Cor. 6 His intent
that brothers and sisters in the faith not enter into lawsuits
against one another:
If any of you has a dispute with another, dare he take it before
the ungodly judgment instead of before the saints? Do you not
know that the saints will judge the world? And if you are to
judge the world, are you not competent to judge trivial cases?
Do you not know that we will judge angels? How much more
the things in this life! Therefore, if you have disputes about
such matters, appoint as judges even men of little account in
the church! I say this to shame you. Is it possible that there is
nobody among you wise enough to judge a dispute between
believers? But instead, one brother goes to law against another—and this in front of unbelievers! The very fact that you
have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather
be cheated? Instead, you yourselves cheat and do wrong, and
you do this to your brothers (1 Cor. 6:1–8).

and
WHEREAS, The early church provides a model in Acts 15
for settling disputes without resorting to charges and accusations; and
WHEREAS, The Synod, in walking together, has agreed to
abide by the exclusive and final remedy for resolving conflict among its members provided in the Bylaws:
1.10.1 When disputes, disagreements, or offenses arise among
members of the body of Christ, it is a matter of grave
concern for the whole Church. Conflicts that occur in the
body should be resolved 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, individuals, congregations, and various 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 resource in providing assistance.
1.10.1.1 The Holy Scriptures (1 Cor. 6:1–7) urge Christians to
settle their differences by laying them before the
“members of brotherhood.” Therefore, the Synod, in
the spirit of 1 Corinthians 6, calls upon all parties to a
disagreement, accusation, controversy, or disciplinary
action to rely exclusively and fully on the Synod’s system 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 [emphasis added]. 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 procedures as outlined in
Bylaw 1.8;

and
WHEREAS, The Synod, in Bylaw 1.10.3, has defined certain exceptions to the fact that the dispute resolution
process is to be the exclusive and final remedy for those
who are in dispute; and
WHEREAS, The Synod, through the Commission on Theology and Church Relations, has previously addressed this

163

issue in the Commission on Theology and Church Relations
Report of April 1991, 1 Cor. 6:1–11, An Exegetical Study;
and
WHEREAS, Opinion 05-2444 of the Commission on Constitutional Matters (CW, p. 320), adopted at the Nov.
28–29, 2005, meeting of the commission, states:
• “All members of the Synod are required to resolve all
matters of dissent or all disputes by the avenues and
structures available to them as set forth in the Constitution and Bylaws of the Synod without resorting to secular
courts and without resorting to avenues, means, structures, or communications that are foreign or contrary to
the synodical agreements and which are not in harmony
with the polity of the Synod.”
• “A lawsuit is not a legitimate avenue of dissent. In the
agreement to live and work together, a member of the
Synod is required to follow the avenue of dissent as set
forth in Bylaw section 1.8, including honoring and upholding the resolutions of the Synod. While a lawsuit may
be an appropriate process in which to resolve a dispute
in the secular world, members of the Synod are governed
by Bylaw section 1.8 as the required, exclusive, and
agreed-to avenue of dissent and Bylaw section 1.10 as the
required, exclusive, and agreed-to method of dispute resolution.”
• “In the agreement to live and work together, a member
of the Synod is required to rely exclusively and fully on
the Synod’s system of reconciliation and conflict resolution. Unless the dispute is one concerning property rights
or contract arrangements under Bylaw 1.10.3 (a) or (b),
such suit would be a gross violation of the process of
Bylaw section 1.10 and the covenants which bind members together in the Synod. The use of the Synod’s conflict resolution procedures is the exclusive and final remedy for those who are in dispute (Bylaw section 1.10).”
and
WHEREAS, Our witness to the world is affected by the
way we conduct ourselves when we have a disagreement
with a brother or sister in Christ; therefore be it
Resolved, That the members of The Lutheran Church—
Missouri Synod honor their commitment to utilize the
Synod’s dispute resolution process as the exclusive and
final remedy to resolve any disputes, conflicts, disagreements, or offenses within the Synod; and be it further
Resolved, That we commend to the members of the
Synod the April 1991 CTCR document, 1 Cor. 6:1–11, An
Exegetical Study for study and guidance.
Action: Adopted (6)
(After the entire resolution was read by the committee, and
after discussion, the resolution was adopted as presented by the
committee [Yes: 665; No: 341].

To Provide Wording for Congregations’
Constitutions and Bylaws
RESOLUTION 8-04
Overtures 8-60–66 (CW, pp. 280–283)
WHEREAS, Article V of the Constitution states, “Membership in the Synod is held and may be acquired by con2007 Convention Proceedings