Official Handbook Source Text
Handbook page 45
Source: LCMS Handbook 2023, page 45.
This page reproduces text from the 2023 LCMS Handbook for study and navigation. Readers should verify procedural, legal, parliamentary, or governance questions against the official LCMS Handbook and appropriate LCMS authorities.
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.
