LCMS Convention Proceedings St. Louis, Missouri — 2013, Page 188

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To Address Handbook Issues re Dispute
Resolution Process
(Bylaw Section 1.10)
RESOLUTION 7-12A
Overture 7-20 (CW, pp. 259–263)
Introduction
During the triennium, concerns related to Bylaw section 1.10
(dispute resolution) were brought to the attention of the Commission on Handbook. This overture identifies those concerns and
advocates bylaw amendment solutions proposed by the commission to the 2013 convention of The Lutheran Church—Missouri
Synod for adoption.
(A) Exceptional Use of Synod Dispute Resolution Process
(Bylaw 1.10.3)
Rationale
Bylaw 1.10.3 identifies matters for which the Synod’s dispute
resolution process “does not provide an exclusive remedy.” Lost in
the current wording of the bylaw is the availability of the dispute
resolution process even in the case of those disputes enumerated
by paragraphs (a) and (b) of the bylaw if both parties agree to use
and honor the outcome of the process. The Commission on Handbook proposes the addition of a final sentence to the paragraph,
as follows.
PRESENT/PROPOSED WORDING
1.10.3

This chapter provides evangelical procedures to remedy disputes only and does not set forth procedures
for expulsion from membership (Constitution, Art.
XIII and Bylaw sections 2.14–2.17); nor does it set
forth procedures for board of regents’ supervision
of faculty and administration as specified in Bylaws
3.10.4.7.5–3.10.4.7.9 and 3.10.5.6.5–3.10.5.6.9. While
Christians are encouraged to seek to resolve all their
disputes without resorting to secular courts, this
chapter does not provide an exclusive remedy for the
following matters, unless such matters involve theological, doctrinal, or ecclesiastical issues, including
those arising under the divine call of a member of
the Synod:
(a) Disputes concerning property rights (e.g., real
estate agreements, mortgages, fraud, or embezzlement)
(b) Disputes arising under contractual arrangements
of all kinds (e.g., contracts for goods, services, or
employment benefits)
Even in the case of disputes concerning property
rights or disputes arising under contractual arrangements, this dispute resolution process may be used if
both parties sign written statements agreeing to use
and honor the outcome of the process.

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2 0 1 3 C o n v e n t io n P r o c e e d i n g s

(B) Dispute Cases with Multiple Complainants or Respondents
(Bylaw 1.10.5)
Rationale
In some dispute resolution cases, multiple complainants may
bring accusations against a single respondent or a single complainant may bring accusations against multiple respondents. The
spirit of the Matthew 18 principle requiring a face-to-face meeting “between you and him alone” is best served when disputes are
addressed by individuals meeting face-to-face. The Commission on
Handbook therefore proposes the addition of a sentence to Bylaw
1.10.5, as follows.
PRESENT/PROPOSED WORDING
1.10.5

Before any matter is submitted to the formal reconciliation process, the parties involved in a dispute must
meet together, face-to-face, in a good-faith attempt
to settle their dispute in the manner described in
Matthew 18:15 and may involve the informal use
of a reconciler. And further, before any matter is
submitted to the formal reconciliation process, the
complainant(s) must meet and consult with his/her/
their ecclesiastical supervisor(s) to seek advice and
also so that it can be determined whether this is the
appropriate bylaw procedure (Bylaw section 1.10) or
whether the matter falls under Bylaw sections 1.8,
2.14, 2.15, 2.16, or 2.17, or Bylaws 3.10.4.7.9 and/or
3.10.5.6.9. In regard to this consultation:
(a) From this point forward in this process, in the
case of multiple complainants or multiple respondents, the district president of the respondent decides
whether or not each complainant and/or respondent
proceeds singly and individually, or as a group.
(ab) The district president of the complainant shall
inform the district president of the respondent that
a consultation is underway. He may also seek advice
from the vice-presidents of his own district or from
the district president of the respondent. The district
president may also ask for an opinion of the Commission on Constitutional Matters (CCM) and/or
the Commission on Theology and Church Relations (CTCR). The district president must follow any
opinion received from either the CCM or the CTCR,
which shall be rendered within 30 days or such additional time as the district president may allow.
(bc) The district president shall require the complainant to follow the correct bylaw provision under
the circumstance, if any, Within 45 days of the conclusion of the consultation, and receipt of any advice,
or opinions as described above, the district president
shall advise the complainant and the district president of the respondent of the appropriate bylaw
section to be followed, and shall provide evangelical
supervision, counsel, and care to the party or parties.
(cd) If Bylaw section 1.10 applies, the district
president shall require the complainant to meet faceto-face with the respondent in the manner described
R e s olu t i on s