LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 25–26, 2013, Page 9

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61. Overture to the 2013 LCMS Convention (Dispute Resolution Process) – Omnibus II
Overture to the 2013 LCMS Convention
To Address Handbook Issues re Dispute Resolution Process (Bylaw Section 1.10)
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.

(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
Page 36 – 01.25 to 01.26.13 – COH Minutes