When To Use Christian Conciliation

Christian Conciliation is an alternative to resolving disputes through the courts and/or secular alternative dispute resolution services. It provides a process for reconciling people and resolving the material or substantive disputes in a biblically faithful manner. The process is conciliatory rather than adversarial in nature--that is, it encourages honest communication and reasonable cooperation rather than unnecessary contention and advocacy.

The Christian Conciliation process is outlined and governed by The Rules of Procedure for Christian Conciliation. The process provides for mediation and/or arbitration. A distinctive difference of Christian conciliation is the pre-mediation work and preparation which the parties and mediator do. Prior to the mediation, the mediator will request the parties to review and consider principles for resolving conflict in a biblically faithful manner, and the mediator will spend time with each party separately for conflict coaching to prepare them for the mediation.

Christian conciliation has been used to settle a wide variety of disputes, including contract, employment, family, personal injury, church, landlord/tenant, real estate, creditor/debtor, business, intellectual property, estate, and professional conflicts, involving dollar amounts from nothing to several million dollars or more, as well as resolving disputes that have personal issues only and do not involve the seeking of monetary recovery or restitution.

Mediation

The mediation process is designed to promote constructive dialogue and encourage a voluntary settlement of the parties’ differences. The parties discuss the dispute with each other, under the direction and guidance of the mediator, to seek an understanding of each other’s positions and interests, explore and address each party’s contribution to the dispute, leading to personal reconciliation, and exploring and evaluating solutions to the dispute.

Parties may be represented by attorneys. The role and participation of the attorney in the mediation is governed by Rule 13 of The Rules of procedure for Christian Conciliation. The parties are encouraged to be the primary speakers in the mediation, with the attorney providing a role of giving counsel and advice to their client, not serving as the party’s advocate or spokesperson.

During mediation, the parties retain control over the final outcome, and the mediators act only as facilitators. Agreements reached through mediation may be documented in legal contracts or stipulations.

Discussion and conclusions of mediation proceedings are confidential pursuant to Rule 16 of The Rules of procedure for Christian Conciliation, and are treated as settlement negotiations and are not admissible for any purpose on a court of law, except as provided in Rule 16.

Parties are encouraged to involve their pastor(s) and church leaders as spiritual advisors and encouragers. Such involvement may include the participation of a party’s pastor or spiritual advisor in the mediation process. Such participation, however, is not for the purpose of acting as an advocate for the party or the party’s spokesperson. See also Rule 17 for information regarding the involvement of a party’s church.

Detailed Explanation of the Mediation Process

The mediation process follows a schedule of six distinct steps. The acronym GOSPEL is used to describe the process:

Greeting and Ground Rules

This phase sets the tone for the mediation by covering the planned schedule and agenda of the mediation, along with explaining and agreeing to the ground rules for conduct during the mediation.

Opening Statements

Opening statements provide the parties with an opportunity to briefly summarize the issues, that they believe need to be addressed to resolve the dispute.

Story Telling

This step gives each party the opportunity to explain and provide the details of their understanding of the issues and position in more detail. Often this is the first time a party has had an opportunity to tell their story in full and to be heard. Additionally, a party may explain and address issues and actions God has revealed and for which parties may need to take responsibility. Pursuant to Mathew 7: 3-5, we are called to start with our own wrongs or actions, before attempting to identify and address the wrongs of the other person.

The goal of this phase is to offer the parties, advisors and mediators an opportunity to gather and clarify information. The mediator and other parties will be able to ask questions to clarify their understanding.

Parties are encouraged to not ignore hurts that have occurred and which have damaged the relationship, unless those offenses can be overlooked without further discussion or clarification. Parties are asked to do more than speak in generalities, but to be specific with examples so that the underlying issues can be fully and clearly addressed.

Problem Identification

Following a sharing of information by the parties, and discussion of the same, the mediator will work with you to clearly define issues (the question(s) the parties want to have answered so they can resolve the dispute) and the interests (the reasons which motivate or underlie each party’s desired position or outcome) of the parties.

Explore Solutions

The mediators work with the parties to brainstorm possible solutions to the problems identified, and to evaluate the suggested solutions reasonably and objectively.

Lead to Agreement

The mediators facilitate and help the parties arrive at an agreement that settles their dispute(s), focusing on both steps for reconciliation and resolving the material or substantive issues. If the parties desire a written document to memorialize their agreements, the mediator will facilitate the parties writing a final agreement. Parties are encouraged to consult with their attorneys regarding a written agreement.

The above steps in the mediation process are the general sequence for the mediation. Each step, however, may require different lengths of time, and there may situations where new facts and additional story telling may be identified during the problem identification or exploring solutions steps, requiring a revisiting of a prior step.

During the course of the mediation, the mediator may meet with the parties separately in a private meeting (referred to as a caucus). These private meetings may occur before the mediation begins, as a time of coaching and helping the party prepare for the mediation, or during the course of the mediation. 

Arbitration

The biblical basis for arbitration is 1 Corinthians 6:1-8:

If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church! I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another—and this in front of unbelievers! The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers.

Arbitration is governed by Rules 25 through 42 of The Rules of Procedure for Christian Conciliation. Arbitration is a formal process that allows the parties to present evidence (their story) to the arbitrator(s), who decide the issue(s) based on the information provided by the parties and their desired outcomes, and by applying state, federal, or local laws, with the Holy Scriptures (the Bible) being the supreme authority (Rule 4). Arbitration decisions are legally binding and can be enforced as a judgment of a civil court.

Arbitration may be used to resolve a broad range of issues. However, arbitration may not be used to resolve legal issues over which civil courts will not relinquish jurisdiction (e.g., child custody, support, and visitation); issues that are solely within the jurisdiction of the family (e.g., how to teach or discipline children); or issues that are solely within the jurisdiction of the church (e.g., determining doctrine, calling or dismissing a pastor, or exercising church discipline).

Another difference is that arbitration deals primarily with substantive issues; that is, it establishes facts and determines rights and responsibilities. To put it another way, while arbitration determines what people must do as a matter of law, mediation helps them to see what they should do as a matter of conscience. (After an arbitration decision has been issued, the arbitrators may address behavior and attitudes they observed in the parties during the conciliation process.)

In preparation for the arbitration hearing, the arbitrator will hold a conference to help the parties prepare and arrange for appropriate exchange of information prior to the hearing. The process is a conciliatory rather than adversarial process in which the parties are expected to cooperate with one another to fully disclose their evidence to each other prior to the hearing to expedite the hearing and ensure full presentation of all relevant evidence to the arbitrator. The arbitrator does not meet with any party privately. All meetings and communications with the arbitrator involve all of the parties.

Parties may be represented by attorneys, with the attorneys speaking on their behalf and assisting them in the presentation of their evidence to the arbitrator. The arbitrator applies rules for the receiving of evidence from the parties that is necessary to provide information to the arbitrator, as set forth in the Rules of Procedure for Christian Conciliation.

Detailed Explanation of the Arbitration Process

The arbitration process follows seven specific steps or elements:

Defining of the Issues for Determination

During this step the parties work with the Case Administrator to identify and clearly state the issues and desired remedies they want the arbitrator(s) to consider and decide (Rule 25).

Scheduling Hearing

This initial meeting between the parties, the Case Administrator, and the Arbitrator(s) is for the purpose of determining the scope of the information or evidence the parties will want to present to the arbitrator (identifying the amount of documents or other physical evidence they want to provide the arbitrator(s) as well as the number of witnesses they will want to give information) so the arbitrator can determine the expected length of the arbitration hearing and set a schedule for the hearing as well as any preliminary meetings or actions that may be necessary. During this hearing the parties will be asked to agree to and make arrangements for the exchange of information, evidence, and witness information, as well as discuss and plan for any requests for information from the other party for purposes of preparing for the arbitration. This hearing is usually by telephonic conference.

Preliminary Hearings

In the event there are specific issues that need to be determined in advance of the arbitration hearing, such as issues of jurisdiction (Rule 19) or the exchange of documents and information (Rule 30), a preliminary hearing may be scheduled at the request of the parties, subject to the discretion of the arbitrator (Rule 28). The purpose of the preliminary hearing is to expedite the arbitration process. These hearings are usually by telephonic conference.

Arbitration Hearing

            Opening and Providing of Opening Statements

This step is similar to the Greetings and Ground Rules and Opening Statement steps of a mediation process. The arbitrator commences the hearing with an explanation of the agenda and ground rules of conduct for the hearing. The parties are then permitted to give the arbitrator a summary of the information they want to present for purposes of helping the arbitrator decide the agreed-upon issues.

            Storytelling or Presentation of Information

The parties are permitted to present the testimony of witnesses and provide documents or other physical evidence which they want the arbitrator to consider in making the decision. This information may be presented by the party in a narrative form, or by a party or their attorney asking questions of specific witnesses. The information, whether in the form of written, oral, or physical evidence, is provided subject to the arbitrator’s determination that it is relevant and reliable pursuant to Rules 14 and 36. This step usually permits the party commencing the arbitration to present their information first, with the other party having the opportunity to ask questions of the first party’s witnesses. Next, the responding party presents information, then the responding party’s witnesses are called in to answer questions. The order of presentation is subject to the discretion of the arbitrator. The arbitrator may also ask questions of the parties and their witnesses in an effort to obtain all necessary facts.

            Closing Summary of Applicable Law and Scriptural Standards

After completing the receipt of all information the parties desire to present, the arbitrator will give each party an opportunity to provide information on the laws and scriptural standards they believe the arbitrator should consider in conjunction with the facts to decide the issues. The arbitrator may, at his or her discretion, ask the parties to provide this information in the form of written briefs or position papers. The arbitrator may also ask the parties to summarize the facts, laws and scriptural standards they believe should be applied, and explain in summary form why they believe the law and scriptural standards, when applied to the information, should result in the position or result they desire.

Decision

As the final step of the Arbitration hearing (excluding reconsideration, discussed below) is the arbitrator provides a decision (Rule 41). The decision or award will be issued in writing, within thirty (30) days after the close of the hearing. The arbitrator, at his or her discretion, may provide the reasoning by which the decision was reached. The decision is legally binding and enforceable by a court of law.

Post Arbitration Steps

            Reopening of a Hearing or Request for Reconsideration

A hearing may be reopened by the arbitrator in his or her discretion for good cause (Rule 39).

A party may request the arbitrator to reconsider a decision within twenty (20) days after the decision is received by the parties, provided the request is based on specific reasons for reconsideration as set forth in Rule 41.

The decision of the arbitrator, once final, is not subject to appeal.