1.10 Dispute Resolution

1.10 Dispute Resolution of the Synod

Preamble

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 to disputes 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, various agencies within the Synod, and other eligible parties listed in Bylaw 1.10.2 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 the 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. Fitness for ministry and other theological matters must be determined within the church. Parties to disputes are urged, in matters of a doctrinal nature, to follow the procedures as outlined in Bylaw section 1.8.

1.10.1.2 The words of Jesus in Matthew 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 discipline involving the congregation. In either case, the steps of Matthew 18 should be applied lovingly in both formal and informal setting s. Matthew 18 does not apply directly in cases of public sin, but face -to-face meetings are required nonetheless, even in the case of public sin, toward the goal of reconciliation and winning the brother or sister. 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 resolution 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.

1.10.1.3 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 reconciliation” is one of the church ’s foremost priorities.

1.10.1.4 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 c onflict recognize one another as redeemed children of God.

1.10.1.5 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 reconciliation, it always seeks to do so with a proper distinction between 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.

1.10.1.6 When there is repentance and reconciliation, the body of Christ rejoices in

its oneness with Christ and with one another.

Purpose

1.10.2 This procedure is established to resolve, in a God -pleasing manner,

disputes that involve as parties, (1) members of the Synod ; (2) corporate Synod or an agency of the Synod; (3) members of congregations challenging the procedure used in their excommunications; (4) auxiliaries and recognized service organizations that have agreed to address callrelated disputes through the dispute resolution system, in regard to such disputes; or ( 5) members of congregations of the Synod elected or appointed to positions with the LCMS Board of Directors or an agency of the Synod . It shall be the exclusive remedy to resolve such disputes that involve theological, doctrinal, or ecclesiastical issues except those covered under Bylaw sections 2.14– 2.17 and except as provided in Bylaw 1.10.3, and shall be binding on all parties. It is applicable whether the dispute involves only a difference of opinion without personal animosity or is one that involves ill will and sin that requires repentance and forgiveness. No person, congregation, or agency to whom or to which the provisions of this dispute resolution process are applicable because of their membership in the Synod may render this procedure inapplicable by terminating that membership during the course of the dispute resolution process.

Exceptions

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 boards of regents’ supervision of faculty and administration as specified in Bylaws 3.10.5.7.5– 3.10.5.7.9 and 3.10.6.9.4–6 . 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); and

(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 to a dispute sign written statements agreeing to use and honor the outcome of the process.

Definition of Terms as Used in this Bylaw Section 1.10

1.10.4 In order to communicate effectively and avoid misunderstanding, it is

critical that terms be carefully defined:

(a) Administrator: The secretary of a district or of the Synod or an appointee (Bylaw 1.10.6) who manages the dispute resolution process but who does not take leadership, declare judgments, advise, or become involved in the matter in dispute.

(b) Appeal Panel: Three district presidents selected according to these bylaws to determine whether the decision of a Dispute Resolution Panel should be reconsidered or reviewed.

(c) Blind draw : Selection of names according to the procedures set forth in the Standard Operating Procedures Manual.

(d) Complainant: A party and/or parties to a dispute who initiate an action to settle a conflict under the provisions of the Synod ’s dispute resolution process.

(e) Dispute Resolution Panel: Three persons who are reconcilers selected according to these bylaws and one person who is a nonvoting hearing facilitator selected according to these bylaws, who shall hear matters in dispute between parties and assist in reconciliation or provide for a resolution of the dispute by rendering a final decision.

(f) Face-to-face: A meeting face-to-face in person between the parties in dispute in the manner described in Matthew 18:15. Email, regular mail, fax, or telephone call (or any combination thereof) does not satisfy this requirement. (Note: Failure to conduct a face -to-face meeting within 30 days or within such extension as may be established by the involved ecclesiastical supervisors shall result in dismissal if the fault lies with the complainant or movement to the next stage if the fault lies with the respondent.)

(g) Formal: Efforts to resolve the dispute toward reconciliation beginning with the formal reconciliation meeting.

(h) Hearing facilitator : One selected according to these bylaws and trained to serve as a facilitator for hearings before panels.

(i) Informal: All efforts toward reconciliation prior to the formal reconciliation meeting.

(j) Party and/or parties to a dispute or the matter (Party to the matter in dispute): A “party and/or parties to a dispute” is either a complainant or a respondent. A reconciler, panel member, hearing facilitator or ecclesiastical supervisor is not a “party and/or parties to a dispute.”

(k) Persons involved : “Persons involved” includes the complainant, the respondent, the administrator of the process, the ecclesiastical supervisor, a reconciler, panel members, the hearing facilitator, a witness, an advisor, or any others involved in the dispute resolution process.

(l) Reconciler: As used in this chapter, a member of The Lutheran Church— Missouri Synod or of an LCMS congregation who is appointed to be available to assist parties to a dispute with a view toward reconciling them or enabling them to adjust or settle their dispute and who has completed the Synod ’s training program. A reconciler does not judge or take sides but rather, with the help of God, assists both parties to find their own resolution to the dispute.

(m) Reply of r espondent: A written response issued by a party to a dispute containing factual assertions that answer a complainant ’s statement of the matter in dispute.

(n) Respondent: One who is named party to a dispute brought by a complainant.

(o) Review Panel : Three reconcilers selected according to these bylaws and one person who is a nonvoting hearing facilitator selected according to these bylaws who shall give a final hearing when the determination of the Appeal Panel is that a decision of the Dispute Resolution Panel should be reconsidered or reviewed.

(p) Shall: Retains its compulsory meaning in this bylaw section. Its use, however, in connection with time frame expectations may require exceptions at times upon good cause shown, to be allowed by the administrator of the process.

(q) Standard Operating Procedures Manual : A comprehensive procedures manual developed by the Commission on Constitutional Matters in consultation with the Secretary of the Synod and the Council of Presidents to ensure uniformity and consistency in the implementation of this bylaw section.

(r) Statement of the m atter in d ispute: A written concise statement containing factual assertions involving contended or conflicted issues between one or more parties. The statement may also contain a request for the type of relief to be granted.

(s) Time frame: Period of time allowed for carrying out a bylaw requirement, to be monitored by the administrator of the process, incidents of purposeful non-compliance to be reported to the President of the Synod.

(t) Witness: A person called to give testimony regarding facts to a dispute before a Dispute Resolution Panel. A reconciler appointed to assist parties in dispute resolution or a person called upon by a reconciler at the formal reconciliation meeting shall not testif y as a witness before a Dispute Resolution Panel in the same dispute.

Informal Efforts toward Reconciliation; Consultation

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 must meet and consult with the appropriate ecclesiastical supervisor 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 3.10.5.7.9 or 3.10.6.9.6. 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.

(b) 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.

(c) 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.

(d) If Bylaw section 1.10 applies, the district president shall require the complainant to meet face -to-face with the respondent in the manner described in Matthew 18:15 if the complainant has not already done so.

(e) The reputation of all parties to a dispute is to be protected as commanded in the Eighth Commandment. The goal throughout is always one of reconciliation, of repentance and forgiveness, even if the following proceedings are carried out.

(f) Should the otherwise appropriate ecclesiastical supervisor be the intended respondent, or be disqualified due to conflict of interest, the next qualified district officer without such a conflict shall conduct the consultation and provide the attendant evangelical supervision, counsel, and care.

Formal Efforts toward Reconciliation

1.10.6 If any party to the dispute is of the opinion that informal reconciliation

efforts have failed, such party, in consultation with the appropriate ecclesiastical supervisor, shall submit a request to the administrator of the dispute resolution process, the secretary of the Synod or district, or an appointee, as appropriate, that a reconciler be appointed to assist in seeking reconciliation. Such request shall be accompanied by :

(a) a written statement of the matter in dispute; and

(b) a written statement setting forth, in detail, the informal efforts that have been made to achieve reconciliation.

If the secretary of the Synod or district is a party to the matter in dispute, has a conflict of interest, or serves as a witness, then the President of the Synod or the district president, as appropriate, shall appoint an administrator of the process in the matter.

1.10.6.1 The administrator shall within 15 days select the reconciler in the manner

hereinafter set forth and then notify the parties to the dispute as to the name and address of the reconciler. He/she shall also forward to the chosen reconciler and the respondent the statement of the matter in dispute and the written statement of the informal reconciliation efforts.

1.10.6.2 If the reconciler determines that informal reconciliation efforts have been

inadequate, the reconciler shall direct the parties to the dispute to engage in further informal reconciliation efforts. Such additional time shall not exceed 60 days.

1.10.6.3 If informal reconciliation efforts do not resolve the matter, the reconciler

shall direct the respondent to submit to the reconciler and the complainant a written reply responding to the statement of the matter in dispute. The reconciler shall sim ultaneously arrange a formal reconciliation meeting with the parties to the dispute. Such meeting shall be scheduled by the reconciler at the earliest reasonable date possible, at a location which will minimize travel for the parties to the dispute.

1.10.6.4 At the formal reconciliation meeting, the reconciler shall listen to the facts

as presented by the parties to the dispute and seek to reconcile their differences on the basis of Christian love and forgiveness. With the approval of the reconciler, each party may, in the manner described in Matthew 18:16, bring one or two persons to the meeting “so that every matter may be established by their testimony.” Such meeting shall not be open to the public, nor shall any formal record be made thereof. The reconciler may draw upon persons and resources that the reconciler deems necessary to assist in the reconciliation process.

1.10.6.5 Upon conclusion of the formal reconciliation meeting or meetings, the

reconciler shall prepare a written report which contains

(1) the actions of the reconciler;

(2) the issues that were resolved:

(3) the issues that remain unresolved;

(4) a statement whether reconciliation was achieved;

(5) the statement of the complainant as to informal reconciliation efforts;

(6) the statement of the matter in dispute; and

(7) any reply by the respondent.

All other communication that takes place during the reconciliation process shall be considered strictly confidential, including all oral and written communications of the parties to the dispute. The report, therefore, shall not contain any such information nor shall it contain any opinion of the reconciler regarding the dispute. The report and the attachments shall be provided only to the parties to the dispute and the secretary of the Synod or district as appropriate.

Procedure of a Dispute Resolution Panel

1.10.7 If the parties to a dispute with the assistance of the reconciler have been

unable to achieve reconciliation, the complainant shall notify the Secretary of the Synod within 15 days after receiving the report from the reconciler if the matter is to be presented to a Dispute Resolution Panel.

1.10.7.1 If the complainant requests the formation of a Dispute Resolution 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 reconciler with its attachments.

1.10.7.2 Each Dispute Resolution Panel shall have a nonvoting hearing facilitator

who will serve as chairman of the panel.

1.10.7.3 The formal hearing before the Dispute Resolution Panel shall be conducted

by the hearing facilitator within 45 days after the Hearing Panel was constituted. The hearing facilitator shall, within 15 days of panel formation, confer with the parties and the Dispute Resolution Panel to select the date and location of the formal hearing. The formal hearing may be delayed for a short time beyond the 45-day period with the unanimous consent of the panel members.

1.10.7.4 The following rules for the Dispute Resolution Panel shall apply:

(a) The hearing shall be private, attended only by the parti es to the dispute and one advisor of each party’s choice, should any party desire one. Thi s adviso r shall not address the panel or participate in the discussion at the hearing. Witnesses who can substantiate the facts relevant to the matter in dispute may be called before and address the panel. The administrator of the process shall not attend the hear ing or serve as a witness. The panel 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 to the dispute on the basis of Christian love and forgiveness.

(b) Within 30 days after the final hearing, the panel shall issue a written decision that shall state the facts determined by the panel and the reasons for its decision.

(c) The panel shall forward a copy of its decision to

(1) each party to the matter in dispute;

(2) the Secretary of the Synod;

(3) the President of the Synod; and

(4) the president of the respective district.

(d) Subject to request for review or appeal (contemplated or pending), the final decision of a Dispute Resolution Panel shall

(1) be binding upon the parties to that dispute;

(2) have no precedential value;

(3) be carried out by the appropriate person, group, or member of the Synod; and

(4) be publicized as deemed appropriate under the circumstances by the district president or the President of the Synod.

Reconsideration of a Dispute Resolution Panel Decision

1.10.8 Within 15 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 (Constitution Art. XI B 1–3), may appeal the decision. The President may also request that an opinion of the Commission on Constitutional Matters or the Commission on Theology and Church Relations be obtained.

1.10.8.1 Such appeal 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 of the request.

1.10.8.2 Within 21 days after receipt, an Appeal Panel shall be selected in the

prescribed manner, and the Secretary of the Synod shall send the appeal to each panel member.

(a) Copies of the entire official record of the case, including the full report of the reconciler, the decision and all documentary evidence considered by the Dispute Resolution Panel, and the written appeal request shall be provided to the members of the pane l. The panel shall make its decision on the basis of the minutes and written decision of the Dispute Resolution Panel and the documentary evidence received and reviewed.

(b) The panel shall concern itself only with those issues originally addressed by the Dispute Resolution Panel, unless issues were identified by the Dispute Resolution Panel for which it did not make a decision.

(c) The panel shall decide only whether to approve reconsideration of the decision of the Dispute Resolution Panel. The panel shall not approve a request for a new hearing on the basis of newly discovered evidence unless such evidence was clearly not available to the Dispute Resolution Panel and was not the fault of the party requesting the reopening of the case, and unless it is clear that the absence of such evidence resulted in a gross miscarriage of justice.

(d) The standards of review, which define the parameters for the panel’s consideration of an appeal, limit the panel’s review to three basic areas.

(1) Factual findings: The Appeal Panel shall review factual findings of the Dispute Resolution Panel only to determine if they are supported by evidence. The Appeal Panel shall not ordinarily sit in judgment of the Dispute Resolution Panel’s conclusions regard ing evidence, since that panel was in the best position to judge factual issues. The Appeal Panel must be convinced that a mistake has been committed, that is, that the evidence is such that reasonable minds could not disagree.

(2) Conclusions on authority: The Appeal Panel may approve an appeal if the Dispute Resolution Panel was clearly outside its authority, e.g., a decision that the panel had no authority to make under the Constitution and Bylaws, or a decision on an issue not identified by the Dispute Resolution Panel, or a decision on a theological question that the panel had no authority to make.

(3) Discretionary acts: The Appeal Panel may approve an appeal if there was a clear abuse of discretion impacting the decision of the Dispute Resolution Panel, resulting in a gross miscarriage of justice, or that involves an obvious and inappropriate bias or prejudice.

1.10.8.3 Within 30 days after its formation, the Appeal Panel shall issue its written

decision in response to the request for reconsideration.

1.10.8.4 If an appeal is granted, the Secretary of the Synod, or his representative,

shall, within 21 days, select a Review Panel in the prescribed manner (Bylaws 1.10.15ff.). The Review Panel shall generally decide the issue by following the procedure use d by a Dispute Resolution Panel (Bylaws

1.10.7ff.) but may decide the issue on the record without further formal hearing if deemed sufficient and appropriate.

1.10.8.5 The final decision of the Review Panel shall

(a) be binding upon the parties to that dispute and not be subject to further appeal;

(b) have no precedential value;

(c) be carried out by the appropriate person, group, or member of the Synod; and

(d) be publicized as deemed appropriate under the circumstances by the district president or the President of the Synod.

Congregation’s Right of Self-Government

1.10.9 The congregation’s right of self-government shall be recognized. However,

when a decision of a congregation is at issue, a Dispute Resolution Panel may review the decision of the congregation 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 respect this decision, and the district involved shall take action with respect to the congregation as it may deem appropriate.

District Reconcilers

1.10.10 E ach district board of directors shall appoint and maintain a district roster

of four reconcilers (ministers of religion— ordained, ministers of religion— commissioned, and laypersons), no more than two of whom shall be ministers of religion— ordained, from a list supplied by the circuit visitors of the district. The Synod shall provide appropriate training within six months following each national Synod convention.

1.10.10.1 The term of service of a reconciler shall be six years, renewable immediately

following every even- numbered regular Synod convention (e.g., 64th in 2010, 66th in 2016 , 68th in 2023 , etc.) without term limitations.

Reconcilers shall be people “of good reputation, full of the Holy Spirit and wisdom” (Acts 6:3). Vacancies shall be filled by the district board of directors in the same manner as regular appointments . The district board of directors may add to the district roster of reconcilers a reconciler who has moved into the district from another district.

1.10.10.2 One of the four shall be chosen by blind draw according to the procedures

set forth in the Standard Operating Procedures Manual (hereafter referred to

as the SOPM) by the secretary of the district to serve as reconciler in the following situations arising in the district:

(a) Procedural questions involved in excommunication cases;

(b) Cases in which a member of the Synod shall have been removed from the position that such member holds in a congregation that is a member of the Synod;

(c) Cases in which a person, whether or not a member of the Synod, is removed from the position which the person holds in the district; and

(d) Cases involving differences between congregations within the same district or between a congregation and its district.

1.10.10.3 The members of the district roster of reconcilers of all the districts shall

comprise the Synod ’s roster of reconcilers. One member of the Synod’s roster of reconcilers shall be chosen by blind draw according to the SOPM by the Secretary of the Synod in all disputes except those

(a) enumerated in Bylaw 1.10.10.2; or

(b) cases under Article XIII of the Constitution, which shall follow the procedure for terminating membership set forth in Bylaw sections

2.14– 2.17.

1.10.10.4 A reconciler may be removed for ca use according to the Bylaws and the

Standard Operating Procedures Manual from a district’s roster of reconcilers by that district’s board of directors upon report of the administrator of the dispute resolution process after consultation with the president of the district.

Special Considerations for Reconcilers

1.10.11 Limitations on holding multiple offices (e.g., Bylaw 1.5.1.2) do not apply to

the position of reconciler.

1.10.11.1 If a reconciler moves from the district where appointed, such reconciler

shall remain as a member of the Synod’s roster of reconcilers until the term of service of the reconciler expires.

1.10.11.2 If all of the district reconcilers are unavailable for a particular matter, the

secretary of the district shall request that a reconciler from another district be chosen in the prescribed manner by the secretary of the other district.

Hearing Facilitators

1.10.12 After the training of the reconcilers and in consultation with the

appropriate district presidents, the Secretary of the Synod shall maintain a roster of 25 hearing facilitators selected from the roster of trained reconcilers. They may be ordained ministers, commissioned ministers, or laypersons and shall exhibit skills in the proper conduct of a fair and impartial hearing. They shall receive training for such purpose.

(a) Their term of service , monitored by the Secretary of the Synod, shall be six years, renewable without limit. Once appointed, the district membership of hearing facilitators no longer pertains to their eligibility for service in this position. Beginning six months before evennumbered conventions of the Synod (e.g., 64th in 2010, 66th in 2016 , 68th in 2023, etc.), the Secretary of the Synod shall contact all hearing facilitators to learn of their availability and willingness to continue for an additional term. Resulting vacancies on the roster of hearing

facilitators shall be filled by the Secretary of the Synod from the Synod roster of reconcilers (whether already serving, before the convention, or, being newly appointed, after their post -convention training) after consultation with the appropriate district presidents.

(b) Any vacancy in an unexpired term shall be filled in the same manner as described above.

1.10.12.1 Limitations on holding multiple offices (e.g., Bylaw 1.5.1.2) do not apply to

the position of hearing facilitator.

1.10.12.2 A hearing facilitator shall not serve as a reconciler or as a voting member of

a panel.

1.10.12.3 A hearing facilitator may be removed for cause according to the Bylaws and

the Standard Operating Procedures Manual from Synod’s roster of hearing facilitators by Synod’s Board of Directors upon report of the administrator of the dispute resolution process after consultation with the President of the Synod.

Dispute Resolution Panels

1.10.13 The Synod’s roster of reconcilers shall comprise the list from which dispute

resolution panel voting members will be selected.

1.10.13.1 Each Dispute Resolution Panel shall consist of three voting members, at

least one of whom shall be a minister of religion — ordained and one a layperson.

(a) Nine names shall be selected by a blind draw from the dispute resolution roster.

(b) No member of a panel shall be from the district in which the dispute arose or, if it is a Synod question, from any district in which a party holds membership. No two members of a panel shall be from the same district.

(c) The list shall be mailed simultaneously to each party, who shall be entitled to strike three names and return the list to the Secretary of the Synod within one week.

(d) The Secretary of the Synod shall correct any problem with the panel from the remaining names by blind draw according to the SOPM.

In the event that additional names are needed, three names will be selected in the manner set forth above and those names submitted to each party who shall have a right to strike one. In the event that there is more than one remaining, the Secretary shall determine the final member by a blind draw according to the SOPM from the remainder.

1.10.13.2 The hearing facilitator shall be selected as follows:

(a) Three names shall be selected by a blind draw according to the SOPM from the hearing facilitator roster.

(b) No hearing facilitator shall be from the district in which the dispute arose or from any district in which a party holds membership or from any of the panel members’ districts.

(c) The list shall be mailed simultaneously to each party, who shall be entitled to strike one name and return the list to the Secretary of the Synod within one week.

(d) The Secretary of the Synod shall correct any problem with the panel from the remaining names by blind draw according to the SOPM.

In the event that additional names are needed, three names will be selected in the manner set forth above and those names submitted to each party, who shall have the right to strike one. In the event that there is more than one remaining, the Secretary shall determine the final member by a blind draw according to the SOPM from that remainder.

1.10.13.3 The hearing facilitator shall conduct the hearing, shall serve as chairman of

the panel, and may draw upon persons and resources that he deems necessary for conducting a hearing in a fair and equitable manner.

1.10.13.4 The Dispute Resolution Panel shall select its own secretary from its

members.

Appeal Panels

1.10.14 The Appeal Panel shall be made up of three district presidents who shall be

trained for such service.

(a) One district president shall be selected by the complainant, one selected by the respondent, and the third selected by the two appeal panel members so selected.

(b) If the two appeal panel members cannot agree on a third, the Secretary of the Synod shall select the third member by blind draw according to the SOPM from the remaining district presidents.

Review Panels

1.10.15 Review Panel members shall be selected from the Synod’s roster of

reconcilers.

1.10.15.1 Each Review Panel shall consist of three voting members, at least one of

whom shall be a minister of religion— ordained, and at least one layperson.

(a) Nine names shall be selected by a blind draw according to the SOPM from the roster of reconcilers of the Synod.

(b) No member shall be from the district in which the dispute arose, or, if it is a Synod question, from any district in which a party holds membership. No two members of a panel shall be from the same district. No member shall have served on the previous Hearing Panel.

(c) The list shall be mailed simultaneously to each party, who shall be entitled to strike three names and return the list to the Secretary of the Synod within one week.

(d) The Secretary of the Synod shall correct any problem with the panel from the remaining names by blind draw according to the SOPM.

In the event that additional names are needed, three names will be selected in the manner set forth above and those names submitted to each party who shall have the right to strike one. In the event that there is more than one remaining, the Secretary shall determine the final member by a blind draw according to the SOPM from that remainder.

1.10.15.2 The hearing facilitator shall be selected as follows:

(a) Three names shall be selected by a blind draw according to the SOPM from the hearing facilitator roster.

(b) No hearing facilitator shall be from the district in which the dispute arose or from any district in which a party holds membership

or from any of the panel members’ districts. The hearing facilitator shall not have assisted the previous Hearing Panel.

(c) The list shall be mailed simultaneously to each party, who shall be entitled to strike one name and return the list to the Secretary of the Synod within one week.

(d) The Secretary of the Synod shall correct any problem with the panel from the remaining names by blind draw according to the SOPM.

In the event additional names are needed, three names will be selected in the manner set forth above and those names submitted to each party, who shall have the right to strike one. In the event that there is more than one remaining, the Secretary shall determine the final member by a blind draw according to the SOPM from that remainder.

1.10.15.3 The hearing facilitator shall serve as chairman of the panel, and may draw

upon persons and resources that he/she deems necessary for conducting a hearing in a fair and equitable manner.

1.10.15.4 The Review Panel shall select its own secretary from its members.

Disqualification

1.10.16 The standard for disqualification of a reconciler or panel member or

hearing facilitator shall be actual partiality or the appearance thereof.

1.10.16.1 Any party and/or parties to a dispute shall have the right to request

disqualification of a reconciler, panel member, or hearing facilitator. If that individual does not agree to the disqualification, the decision shall be made by a separate three-member panel of reconcilers drawn for that purpose.

(a) Nine names shall be selected by blind draw from the Synod’s roster of reconcilers.

(b) The list shall be mailed simultaneously to each party, who shall be entitled to strike up to three names. The list shall be returned to the Secretary of the Synod within one week after receipt.

(c) The Secretary of the Synod shall correct any problem with the list.

No member of the panel shall be from the district in which the dispute arose or any district of any party to the dispute. No two panel members shall be from the same district. If more names remain than are needed, the final selection shall be made by blind draw.

(d) In the event that additional names are needed, three names will be selected in the manner set forth above, which names shall be submitted to each party, who shall have the right to strike one name before returning the list to the Secretary of the Synod within one week.

1.10.16.2 In the event that a reconciler, panel member, or hearing facilitator is

disqualified, another individual shall be chosen by blind draw.

(a) Three names shall be selected by blind draw from the Synod’s roster of reconcilers or hearing facilitators as appropriate.

(b) The list shall be mailed simultaneously to each party, which shall be entitled to strike one of the names. The list shall be returned to the Secretary of the Synod within one week after receipt.

(c) The Secretary of the Synod shall correct any problem with the list.

No member of the panel shall be from the district in which the dispute arose or any district of any party to the dispute. No two panel members

shall be from the same district. If more names remain than are needed, the final selection shall be made by blind draw.

(d) In the event that additional names are needed, three names shall again be selected in the manner set forth above, which names shall be submitted to each party with the right to strike one name before returning the list to the Secretary of the Synod within one week.

1.10.16.3 An individual who has served as a reconciler in a matter shall not be a

member of the Dispute Resolution Panel in the same matter.

Decisions

1.10.17 The Dispute Resolution Panel, Appeal Panel, or Review Panel shall issue a

decision based on a majority vote of the panel.

(a) A majority of the panel members shall be involved in all stages of the decision-making process.

(b) The hearing facilitator shall serve as an advisor to the panel on the form but not the substance of the decision.

(c) In the event that a majority decision cannot be reached, a new panel shall be formed immediately in accordance with the Bylaws and the matter reheard.

Rules of Procedure

1.10.18 Reconcilers, Dispute Resolution Panels, Appeal Panels, and Review Panels

shall be governed in all their actions by Holy Scripture, the Lutheran Confessions, and the Constitution and Bylaws of the Synod.

1.10.18.1 The following rules of procedure shall be followed:

(a) In the interest of promoting the reconciliation process, any member of the Synod, officer of a congregation, or officer of the Synod or an agency of the Synod shall, when called upon by a Dispute Resolution Panel, Appeal Panel, or Review Panel to do so, testify or produce records related to the dispute.

(b) Each party and/or parties to a dispute shall assume its/their own expenses. The expenses of reconcilers, Dispute Resolution Panels, and Review Panels shall be borne by the Synod, except for those that arise under Bylaw 1.10.10.2, which shall be borne by the district.

(c) No party and/or parties to a dispute or anyone on the party’s behalf shall either directly or indirectly communicate with the reconciler, the hearing facilitator, or any member of the Dispute Resolution Panel, Appeal Panel, or Review Panel without the full knowledge of the other party to the dispute.

(d) While the matter is still undecided or while an appeal is contemplated or pending, publicity shall not be given to the issues in the matter by any of the persons involved during any part of the procedures outlined in this bylaw. However, at his discretion and as needs dictate in order to “promote and maintain unity of doctrine and practice” ( Constitution Art. XI B 3) and in order to provide counsel, care, and protection to all the members of the Synod (Constitution Art.

III 8, 9), the President of the Synod or the district president in consultation with the President of the Synod, as the case may be, may

properly advise or inform the involved congregation(s) and/or the district or Synod as to the status of the process.

(e) Any party and/or parties to a dispute may seek, at its/their own personal expense, the assistance of individuals familiar with the issues involved in the dispute. They may actively participate in research and the preparation of necessary documents. At the hearing, however, each party may have an advisor present but must represent itself, with no public participation by the advisor. Any reconciler or hearing facilitator shall not serve as an advisor. If a party and/or parties to a dispute is a board or commission of the Synod or its districts, it shall be represented by its chairman or designated member.

(f) A Dispute Resolution Panel or Review Panel shall determine the number of witnesses necessary for a full and complete understanding of the facts involved in the dispute. It shall question parties to the dispute and witnesses directly and shall also permit t he parties to do so.

(g) All Dispute Resolution Panel, Appeal Panel, or Review Panel records of disputes in which a final decision has been rendered by the Dispute Resolution Panel, Appeal Panel, or Review Panel shall be placed in the custody of Concordia Historical Institute. All such records shall be sealed and shall be opened only for good cause shown and only after permission has been granted by a Dispute Resolution Panel, selected by blind draw for that purpose.

(h) If any part of the dispute involves a specific question of doctrine 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 the right to an interpretation from the Commission on Constitutional Matters. The request for an opinion must be made through the Dispute Resolution Panel or Review Panel, which shall determine the wording of the question(s).

(1) The request for an opinion must be made within four weeks of the final formation of the Dispute Resolution Panel or Review Panel.

If a party does not request such an opinion within the designated time, such a request may still be made to the Dispute Resolution Panel or Review Panel that shall, at its discretion, determine whether the request shall be forwarded. The Dispute Resolution Panel or Review Panel shall also have the right, at any time, to request an opinion from the Commission on Theology and C hurch Relations or the Commission on Constitutional Matters.

(2) Any opinion so requested shall be rendered within 30 days or such greater time as the Dispute Resolution Panel may allow. The Commission on Constitutional Matters and the Commission on Theology and Church Relations shall have in place a procedure for responding within this 30- day time frame to such requests for opinions. When an opinion has been requested, the time limitations governing the dispute resolution process will not apply until the opinion has been received by the parties to the dispute. Any opinion received must be followed by the Dispute Resolution Panel or Review Panel .

(3) An individual member of the panel may, through the hearing facilitator, also request resource materials and personal assistance from the executive director of the CTCR or from a theologian recommended by the executive director, this to provide an opportunity to read about, discuss with a knowledgeable person, and better comprehend doctrina l matters associated with the dispute. The dispute resolution case itself shall not be discussed.

(i) Any member participating in this bylaw procedure who intentionally and materially violates any of the requirements in this bylaw or is persistent in false accusations is subject to the disciplinary measures as set forth in the appropriate Bylaw sections 2.14 – 2.17. Any member of the Synod who has personal factual knowledge of the violation shall inform the appropriate district president as the ecclesiastical supervisor. Violations of the prohibition against publicity while a matter is still undecided or while an appeal is contemplated or pending (Bylaw 1.10.18.1 [d] above) by any persons involved are specifically included as a violation subject to the same disciplinary measures set forth in the Bylaws.

(j) In consultation with the Secretary of the Synod and the Council of Presidents, the Commission on Constitutional Matters shall amend as necessary the Standard Operating Procedures Manual that serves as a comprehensive procedures manual for Bylaw section 1.10, Dispute Resolution of the Synod.