To Provide Scriptural Reforms to Dispute Resolution Process

Official Workbook overture source text

10-15 
To Provide Scriptural Reforms  
to Dispute Resolution Process 
Preamble  
Bylaw 1.10.1 states, “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).” 
Dispute resolution must provide fairness and due process (James 
2:1–5; Lev. 19:15). Ideally, the process should also be simple and 
understandable, involve persons with formal legal training and skill, 
and provide a clear and definitive resolution. 
Where public sin or false doctrine by a church leader is involved, 1 
Timothy 5:19–20 (KJV) directs us, “Against an elder receive not an 
accusation, but before two or three witnesses,” but “Them that sin 
rebuke before all, that others also may fear.” This means that false 
teaching must be publicly rebuked and not swept under the rug, lest 
others perish, and that, where public sin by a church leader is 
involved, public rebuke of persistent sin is necessary. 
• The Synod’s  current dispute resolution system (Bylaw 
section 1.10) is not simple. The 1989 Bylaw chapter 8, 
“Reconciliation, Adjudication, and Appeal,” filled seven 
pages (129 –35); the current Bylaw section 1.10, “Dispute 
Resolution of the Synod,” spans 17 pages (39– 55). It is 
supplemented by a 52 -page Standard Operating Procedures 
Manual (files.lcms.org/api/file/preview/standard-operating-
procedures-manual-bylaw-1-10-pdf). 
• The Synod’s current dispute resolution system (Bylaw 
section 1.10) is not prompt; resolution can take up to 15 
months or more (up to 30 days for face -to-face meeting; 
possible 30 days for CCM or CTCR opinion; up to 45 days 
for district president to advise as to bylaw process; up to 15 
days to select a reconciler; possible 60 days for further 
reconciliation efforts; formal in -person reconciliation 
meeting at “earliest reasonable date”; up to 15 days after 
reconciler’s written report to request Dispute Resolu tion 
Panel [DRP]; up to 21 days to select panel; up to 45 days to 
hold formal DRP hearing; up to 30 days to issue a written 
decision; up to 15 days to appeal; up to 21 days to select an 
appeal panel; up to 30 days to issue a decision; up to 21 days 
to form Review Panel; up to 45 days to proceed; up to 30 
days to issue final decision  [ibid. , “Dispute Resolution 
Process Flow Chart,” p. 27]). 
• The Synod’s current dispute resolution system (Bylaw 
section 1.10) imposes a “gag order” on participants 
throughout the duration of the process (Bylaw 1.10.18.1 [d]). 
This means that public sin cannot be publicly addressed by 
those charged with authority d uring this extended period. 
However, in recent years outside parties, who were not 
bound by the bylaw, publicized certain controversies 
through social media campaigns, with the perceived result of 
influencing and accelerating the process, which is hardly a 
salutary or edifying situation for the church. 
• 
The Synod’s current dispute resolution system (Bylaw 
section 1.10) does not provide for accountability of the panel 
members to the Synod-at-large, since they are appointed, not 
elected. And it does not require any of the reconcilers or 
other panel members to be attorneys or have any formal legal 
training. 
Since 1941, the Synod has had four different adjudication systems: 
the Boards of Appeals (1941–
71), the Commissions on 
Adjudication and Appeals (1971– 92), the Dispute Resolution 
System (1992 –2004), and the Dispute Resolution System and 
Hearing Panels (2004 –present) 
(s3.amazonaws.com/mychurchwebsite/c2001/martynoland-
shorthistoryofdisciplineanddisputeresolution.pdf). Notably, the 
prior and more direct bylaws for Commissions on Adjudication and 
Appeals were drastically altered and replaced with the Dispute 
Resolution System at a time when Dr. Robert Preus, now of blessed 
memory, was utilizing the prior procedures successfully to contest 
his invalid removal as president of Concordia Theological 
Seminary. 
WHEREAS, The foregoing factors support the return to the 
Commissions on Adjudication and Appeals system, with certain 
improvements; therefore be it 
Resolved, That a task force be formed prior to December 31, 
2026, to consist of the Secretary of Synod or his designee, a member 
of the Commission on Handbook appointed by that commission, 
and three ordained ministers, a commissioned minister, and three 
laymen (at least two of whom shall be attorneys) appointed by the 
Praesidium after consultation with the Council of Presidents . The 
task force shall submit a proposal for new dispute resolution bylaws 
for review and comment by congregational and individual members 
of the Synod not later than June 30, 2028, allowing a period of six 
months for comments; and be it further 
Resolved, That such proposal shall include the following: 
• the replacement of the current dispute resolution system and 
hearing panels with the 1989 Bylaw chapter 8, 
“Reconciliation, Adjudication, and Appeal,” with 
enhancements described in this resolution; 
• confirmation that public teaching includes materials publicly 
shared on the internet, in public worship, or through other 
means whereby they are clearly not intended for private use 
only: “but where the sin is so public that the judge and 
everyone else are aware of it … you may also testify publicly 
against them” (LC I [Eighth Commandment] 284 
[Kolb/Wengert]); 
2026 Convention Workbook
509ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION