Guidelines for Christian Conciliation | 1 - Resolve (Christian Service for Disputes Resolution Incorporated)

IMPORTANT NOTICE

GUIDELINES FOR CHRISTIAN CONCILIATION CONTENTS

These Guidelines have been adapted for use in New Zealand, Australia and the South Pacific by the Christian Service for Dispute Resolution Inc. (Resolve), under license from Peacemaker® Ministries (www.Peacemaker.Net). Resolve is a non-profit organisation founded in 1998 to equip and assist Christians to respond to conflict biblically. We provide conflict counselling, mediation, and arbitration services to resolve church and business disputes, lawsuits, and family conflicts. We also provide resources for training in biblical conflict resolution.

These Guidelines are designed to provide an introduction and procedural framework for biblical mediation and arbitration, otherwise known as Christian conciliation. The concepts and rules set out in these Guidelines may be used by anyone assisting others in resolving a conflict.

Resources designed to facilitate Christian conciliation may be obtained by writing to Resolve at PO Box 180-168, Luckens Point, Auckland 0663, New Zealand by calling or faxing our resource line: 09-535-9101 or by e-mail at info@resolve.org.nz. You may also contact Peacemaker® Ministries at www.Peacemaker.net.

Although many conflicts can be successfully resolved with the assistance of lay conciliators, some disputes are so complex that they require the involvement of well-trained professionals. Furthermore, neither Resolve nor Peacemaker® Ministries has control over persons or organisations that use these conciliation procedures outside of their direct administration, and cannot be responsible for the services they provide. For these reasons, when parties select their own conciliators, they should carefully consider the training and experience of the individuals who may serve them. You may contact Resolve for information on approved conciliators in your region.

GUIDELINES FOR CHRISTIAN CONCILIATION CONTENTS

PART I INTRODUCTION TO CHRISTIAN CONCILIATION..........................1
PART III CONCILIATION CLAUSES FOR CONTRACTS AND WILLS....................8
PART IV NEW ZEALAND RULES OF PROCEDURE FOR CHRISTIAN CONCILIATION........10
PART V SAMPLE MEDIATION/ARBITRATION AGREEMENT...........................19
PART VI STANDARD OF CONDUCT FOR CHRISTIAN CONCILIATORS...................20

Peacemaker Ministries

Peacemaker® Ministries is a non-profit organisation founded in 1982 to equip and assist Christians to respond to conflict biblically. Peacemaker® Ministries provides conflict counselling, mediation, and arbitration services to resolve lawsuits, family conflicts, business disputes, and church divisions. Peacemaker® Ministries' training services include seminars, the Peacemaker® Ministries' Institute for Christian Conciliation Conciliator Training and Certification Programmes, and custom training for denominations, seminaries, and parachurch ministries.
1537 Avenue D, Suite 352 Billings, MT 59102
Ph406/256-1583 fax 406/256-0001
mail@Peacemaker.net www.Peacemaker.net

Peacemaker® Ministries encourages others to draw freely on the concepts that we have developed to communicate biblical Peacemaking principles. If you wish to use brief illustrative quotations from this work (such as 3 or 4 sentences summarising the "Four Promises of Forgiveness"), we ask only that you give proper attribution for the source of the concepts by listing of the title, author, publication information, and the Peacemaker® Ministries name and website, for example:

Reprinted or adapted from The Peacemaker: A Biblical Guide to Resolving Personal Conflict". Ken Sande (Baker Books, 3rd ed. 2004). Peacemaker® Ministries (www.peacemaker.net).

If you wish to reprint substantial portions of this work (such as the Peacemaker's pledge or the Slippery Slope diagram) please contact Peacemaker® Ministries to obtain written Permission to Use Copyrighted Material, which is usually given quite readily. If you are interested in teaching any of Peacemaker® Ministries' material or concepts, please adhere to the Policy for Teaching and Using Copyrighted Material. To review the policy in its entirety, please visit the Peacemaker® Ministries' website www.Peacemaker.net.

This publication is designed to provide general information on biblical conflict resolution. It is not intended to provide legal or other professional advice. If legal counsel or other expert assistance is required, the services of a competent professional person should be sought.

PART I INTRODUCTION TO CHRISTIAN CONCILIATION

What is Christian conciliation?

Christian conciliation is a process for reconciling people and resolving disputes out of court in a biblical manner. The process is conciliatory rather than adversarial in nature - that is, it encourages honest communication and reasonable co-operation rather than unnecessary contention and advocacy. Christian conciliation may involve three steps:
- Initially, one or both parties may receive individual counselling on how to resolve a dispute personally and privately using biblical principles.
- If private efforts are unsuccessful, the parties may submit their dispute for mediation, a process in which one or more mediators meet with them to promote constructive dialogue and encourage a voluntary settlement of their differences.
- Finally, if mediation is unsuccessful, the parties may proceed to arbitration, which means that one or more arbitrators will hear their case and make a legally binding decision.
The term "conciliator" is used in this booklet to describe someone who is serving as a conflict counsellor, mediator, or arbitrator.
Who provides Christian conciliation services?
Christian conciliation services may be provided by an individual volunteer, a professional mediator, a Certified Christian Conciliator™, a local church, or by a formally established conciliation ministry, such as Peacemaker® Ministries and Resolve.
What types of disputes can be resolved through Christian conciliation?
Christian conciliation has been used to settle a wide variety of disputes, including contract, employment, family, personal, church, landlord/tenant, real estate, creditor/debtor, and professional conflicts. The monetary claims in these cases have ranged from nothing to several million dollars. Some of the cases that have been resolved through Christian conciliation arose when:
- The owner of a house accused a builder of doing defective work;
- An employee claimed that she was improperly fired from her job;
- The owners of a business could not agree on how to divide its assets;
- A church was being torn apart by doctrinal and personality conflicts;
- An author claimed that a publisher had broken a contract to publish his book;
- The owner of videos and study manuals claimed a publisher and distributor breached his copyright;
- A family was fighting over a deceased parent's estate;
- A husband and wife were struggling with an impending divorce;
- A family was frequently disturbed by their neighbours' barking dog;
- Two farmers disagreed on road right-of-way;
- A company claimed that its competitor's product infringed on its patent;
- A divorced couple disagreed constantly over child support and visitation.
How expensive is Christian conciliation?
Christian conciliation is usually less expensive than litigation. Some conciliators serve on a volunteer basis, while others charge an hourly fee ranging from $120 to $300 per hour. In cases of financial hardship, most conciliators will work with the parties to develop a manageable payment plan.
May I use Christian conciliation even after a lawsuit has been filed?
Yes. If the other party is willing, the two of you may agree to postpone further legal proceedings while you attempt to resolve your differences through conciliation. If conciliation is successful, you may file a notice of discontinuance with the court.
Can Christian conciliation result in a legally binding agreement or decision?
Yes, if you and the other party agree. Agreements reached through private negotiation or mediation may be documented in legally enforceable settlement agreements. Arbitration decisions are legally binding and can be enforced as a judgment of the Court.
Can a conciliator help me to resolve a dispute in private?
Yes. Before attempting mediation or arbitration, a conciliator can provide you with written materials and individual counselling designed to help you explore ways that you might be able to resolve your dispute by talking privately with the other party. Only after private efforts have been exhausted should you bring more people into the process (see Matthew 18:15-16).
Do I have to commit myself to arbitration in order to work with a conciliator?
No. If attempts at a private resolution have been unsuccessful, and if the other party agrees to work with a conciliator you may choose any one of these options:
- Mediation is a relatively informal and voluntary process in which mediators facilitate communication and negotiation between the parties. Mediators are as concerned with reconciling the parties, as with helping them settle their substantive differences. If the parties do not reach an agreement on their own, they may ask the mediators to conciliate and issue an advisory opinion, which is not legally binding but is often accepted by both sides. If mediation is unsuccessful, the parties may decide to quit the process, or they may agree to submit unresolved issues to arbitration.
- Mediation/Arbitration is a process that begins with mediation. If mediation is unsuccessful, the parties are legally obligated to proceed to arbitration. Unless agreed otherwise, an entirely new panel of conciliators will be assigned to serve as arbitrators. Christian mediation is generally so successful that most cases do not need to go to arbitration.
- Arbitration deals mainly with resolution of substantive issues. Arbitrators act as fact-finders and judges, and have the authority to make binding decisions after hearing evidence and legal submissions from both parties. This is a more formal process, similar to a trial, but it is a private hearing between the parties, as opposed to a public trial. A decision by an arbitrator is legally binding and enforceable pursuant to the Arbitration Act. Going directly to arbitration without attempting mediation is usually not advisable, unless there are no personal issues to be resolved and there is no need for reconciliation between the parties.
The mediation/arbitration option, which requires both parties to stay in the process until the matter is resolved, usually affords the greatest opportunity for reconciliation and a resolution of the dispute. Therefore, conciliators usually recommend this option.
May I withdraw from the conciliation process once it begins?
Not necessarily. If you have committed yourself only to mediation, any party may withdraw at any time. But if you have committed yourself to either arbitration or mediation/arbitration, all of the parties are legally obligated to proceed with mediation and, if necessary, arbitration. Unless all of the parties agree to cancel the arbitration agreement, arbitration shall be the exclusive remedy for the dispute and the parties may not later litigate the matter in court.
What are the major differences between mediation and arbitration?
During mediation, the parties retain control over the final outcome, and the mediators act only as facilitators. When a case goes to arbitration, the parties are legally obligated to abide by the arbitrators' decision. Another difference is that arbitration deals primarily with substantive issues; that is, it establishes facts and determines rights and responsibilities. In contrast, mediation deals both with substantive issues and with personal and relational issues.
To put it another way, while arbitration determines what people must do as a matter of law; mediation helps them see what they should do as a matter of conscience. (After an arbitration decision has been issued, the arbitrators may address behaviour and attitudes they observed in the parties during the conciliation process.)
Doesn't mediation always result in a compromise?
No. Although some disputes are properly resolved through compromise, conciliators should not encourage the parties to "split the difference" merely to get a matter settled. Christian conciliators take justice seriously, and they will do all they can to help people live up to their responsibilities, even when doing so may be unpleasant and costly. As a result, both sides generally support solutions reached through conciliation as being just and reasonable.
Doesn't conciliation result in favouritism to certain individuals?
Since conciliators are guided by both Scripture and the Holy Spirit, they should be especially sensitive to God's command to be impartial: "Do not pervert justice; do not show partiality to the poor or favouritism to the great, but judge your neighbour fairly" (Lev. 19:15). As they seek God's guidance in obeying this command, Christian conciliators are less likely to show favouritism than are secular arbitrators or judges and jurors in civil court.
How does Christian conciliation differ from other types of mediation?
Christian conciliation is more values-oriented than most other types of mediation. While all mediators will work to help the parties come to a voluntary settlement, many mediators will be reluctant to go beyond this, especially if doing so would require that they evaluate others' attitudes and behaviour from a moral perspective.
By contrast, Christian conciliators make it a point to draw out the underlying reasons for a dispute, sometimes referred to as "matters of the heart." Believing that God has established timeless moral principles that He has recorded in Scripture and written in our hearts, Christian conciliators will draw the parties' attention to attitudes, motives, or actions that appear to be inconsistent with those standards. This will be especially true with parties who profess to be Christians; anyone who claims to be a follower of Christ will be encouraged to obey his commands and behave in a manner that will honour Him.
How are conciliators selected?
In most cases, a conciliation administrator will consult with the parties and then nominate one or more Christian conciliators for the parties' approval. Some cases need only a single conciliator, while a panel of three better handles others. It is often helpful to include a leader from each party's church on a panel. In other cases, a panel may include a lawyer, a pastor or Christian leader, and one other individual who is suited to help resolve the particular dispute. For example, if a dispute involves the construction of a building, one member of the panel may be an architect or contractor.
Why should I allow strangers to get involved in my dispute?
If you cannot resolve a dispute in private, it may no longer be a question of whether you will work with strangers. The only question is which strangers you will work with. If your dispute ends up in court, you will have very little control over the selection of a judge, and you will have little, if any, knowledge of their basic values. In contrast, if you use Christian conciliation, you will have a voice in the selection of the conciliators, and you will know that the people nominated for Christian conciliation are committed to biblical principles.
Is Christian conciliation available only to Christians?
No. Many people who do not profess to be Christians have submitted disputes to conciliation and have been pleased with the results. Christian conciliators evaluate each case on an individual basis, however, and may decline to accept a case if it appears that either party does not respect the Christian principles underlying the process.
What principles will I be expected to follow during Christian conciliation?
Christian conciliation promotes traditional Judeo-Christian values and principles that are an essential part of our common law and promote healthy relationships and the proper functioning of society. For example, if you submit a case to conciliation you will be encouraged to:
- Be honest: Therefore, each of you must put off falsehood and speak truthfully to his neighbour (Eph. 4:25).
- Do what is just and merciful: And what does the Lord require of you? To act justly, and to love mercy, and to walk humbly with your God (Micah 6:8).
- Accept responsibility for your actions and admit your wrongs: First take the plank out of your own eye, and then you will see clearly enough to remove the speck from your brother's eye (Matt. 7:5).
- Keep your word: Simply let your "yes " be "yes, and your "no" be 'no' (Matt. 5:37).
- Be concerned about the interests of others: Each of you should look not only to your own interests, but also to the interests of others (Phil. 2:4).
- Listen carefully to what others say: He who answers before listening, that is his folly and his shame (Prov. 18:13).
- Overlook minor offences: A man's wisdom gives him patience; it is to his glory to overlook an offence (Prov. 19: 11).
- Confront others constructively: Do not let any unwholesome talk come out of your mouths, but only what is helpful for building others up according to their needs, that it may benefit those who listen (Eph. 4:29).
- Be open to forgiveness and reconciliation: Be kind and compassionate to one another, forgiving each other, just as in Christ God forgave you (Eph. 4:32).
- Change harmful attitudes and behaviour: He who conceals his sins does not prosper, but whoever confesses and renounces them finds mercy (Prov. 28:13).
- Make restitution for any damage you have caused: If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, the owner of the pit must pay for the loss (Ex.21: 33-34).
In other words, if you use Christian conciliation, you will be encouraged to follow the rule that God has given to govern relations between all people: So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets (Matt. 7:12).
Is a Christian free to sue another Christian?
Generally, Christians are not free to sue other Christians, at least not until they have exhausted the process that Jesus sets out in Matthew 18:15-20 and 1 Corinthians 6:1-8. God instructs Christians to resolve their disputes within the church itself, with the assistance of other Christians if necessary. When the apostle Paul learned that the Christians in Corinth were suing one another, he wrote the following to them:
If any of you has a dispute against 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 (1 Cor. 6:1-8).
Many Christians are unaware of this teaching, or they believe that it no longer applies today.
Why does God want Christians to avoid taking their differences to court?
One reason is that a purely legal approach to resolving a dispute often heightens animosities and permanently destroys relationships. In contrast, Christian conciliation encourages forgiveness and promotes reconciliation, which can preserve valuable relationships.
Furthermore, a court process usually fails to deal with the real causes of conflict, such as pride, selfishness, fear, vengeance, greed, bitterness, or unforgiveness. In fact, the adversarial process, which encourages people to focus on what they have done right and what others have done wrong, often leaves the parties with a distorted view of reality and actually ingrains the very attitudes and behaviour that caused the conflict in the first place. In contrast, Christian conciliation helps people to identify root problems and to make changes in their lives so that they will experience less conflict and healthier relationships in the future (see Matt. 7:3-5).
For a Christian, a primary reason for resolving disputes in a conciliatory way is to prevent a public quarrel that would give others an opportunity to criticise and mock Christianity. Resolving conflict biblically also allows us to show, through our actions, that we genuinely believe in Jesus Christ and trust in His teachings (see John 13:34; 14:15; 17:20-23; Eph. 4:1?3). Peace and unity are so important to Jesus that He commands us to seek reconciliation with an offended person even ahead of public worship:
Therefore, if you are offering your gift at the altar and there remember that your brother has something against you, leave your gift there in front of the altar. First go and be reconciled to your brother; then come and offer your gift. Settle matters quickly with your adversary who is taking you to court. Do it while you are still with him on the way (Matt. 5:23-25).
This command is not conditioned on how serious the other person's complaint might be or whether it is even justified. Even in difficult circumstances, God wants his people to make every effort to resolve their personal differences outside of the courtroom.
Are there times when litigation is appropriate for a Christian?
Yes. God has given the civil courts jurisdiction to enforce the laws of the land and restrain crime (Rom. 13:1-7). Therefore, criminal violations, matters of public importance, and a variety of other disputes may legitimately be resolved through litigation. If one of these disputes includes personal differences between two Christians, however, they should usually try to resolve the problem in a personal way before looking to the courts for redress. Upon request, a conciliator will provide you with material that will help you to decide whether a particular dispute should be taken to court.
What are the benefits of Christian conciliation?
Christian conciliation promotes traditional values, preserves relationships, encourages beneficial change, avoids negative publicity, provides a positive witness, and is relatively inexpensive. When compared with litigation, Christian conciliation is less constrained by rigid procedures, thus often allowing more creative remedies and faster results.
Another benefit is that Christian conciliators have more flexibility than do civil judges when it comes to hearing testimony or reviewing evidence. Thus, if a dispute involves defects in the construction of a building or the repair of a vehicle, a conciliator may personally inspect the building or drive the car. As a result of this flexibility, parties often feel that the facts and issues in the case are given a more personal review than would occur in a court of law.
Christian conciliation is especially beneficial for people who sincerely want to do what is right and are open to learning where they may have been wrong. Conciliators can help them to identify improper attitudes or unwise practices, to understand more fully the effects of their decisions and policies, and to make improvements in their lives and businesses that will help them avoid unnecessary conflict in the future. As one party wrote after conciliation: The most valuable thing we received from Christian conciliation was sound advice seasoned with godly wisdom. I really believe that the right answer was attained. The answers you gave were not what I came to hear, but I knew they were right. You could not have been more helpful. Our only regret was that we waited much too long to come to you.
What are the disadvantages of Christian conciliation?
Christian conciliators do not have the same authority as civil judges. Therefore, they cannot compel parties to submit a dispute to conciliation or to cooperate with the process once it begins. (Once there is an agreement to use arbitration, a civil judge has the authority to compel a reluctant party to proceed with the process.)
Conciliation can be less predictable than litigation, because each case has different conciliators and the process is less constrained by procedures, statutes, and case law. Therefore, results achieved through conciliation may differ substantially from the outcome of litigation or secular mediation or arbitration. (For example, the biblical command to keep one's word may obligate a person to honour a contract that might otherwise be rescinded on technical legal grounds.)
Finally, there are only limited grounds to appeal arbitrated decisions. Therefore, parties will have little opportunity to have a decision reviewed by a higher authority. (At the same time, this means they will usually be spared the expense and delay of prolonged appeals.)
What do lawyers think about Christian conciliation?
Although many lawyers are still unfamiliar with Christian conciliation, most of those who have participated in a conciliation process have been favourably impressed, and many of them later refer clients to Christian conciliation. US lawyers have written the following endorsements:
I have found this service to provide to the participants a real sense of satisfaction because they are able to take an active role in the resolution, rather than having to work through an attorney in a formal and unfamiliar courtroom setting.
Resolution of disputes through conciliation is a fine idea. A court battle is a disaster no matter how it turns out, certainly in terms of bitterness, anger, anxiety, and human suffering. You are doing a fine work.
My client and I wish to extend our sincere thanks and appreciation for all of your time and efforts extended in this dispute. We feel that you conducted these meetings with the utmost neutrality and professionalism.
(From a district judge) Christian conciliation has a focus that the court system lacks, that is, to resolve people's differences, not simply their disputes. Judges can decide cases, but they don't have time to get to the root of the problem. As a result, litigants leave court with their case decided, but they are still mad. Conciliators try to reconcile the parties, so their future association will be harmonious. In the long run, this eliminates future disputes before they arise.
Should I talk to my lawyer about using Christian conciliation?
Yes. Conciliators encourage parties to consult with an independent lawyer, since Christian conciliators do not provide parties with legal advice or represent them in a lawyer/client relationship. The assistance of an independent lawyer is especially helpful when dealing with significant legal rights or when using arbitration, which is influenced by statutes. Christian conciliators are happy to work with any lawyers whom the parties have retained to advise or represent them during the conciliation process. If you have not already retained a lawyer, you may contact a conciliator first to see whether he/she can suggest ways of resolving your dispute without unnecessary legal expense.
What churches support Christian conciliation?
Since Christian conciliation promotes values and principles that are common to all Christian churches, it has gained the support of churches within every major Christian community.
Should I talk with my pastor about using Christian conciliation?
Certainly. Jesus has given the church primary responsibility and authority for resolving conflict and alienation among Christians. In Matthew 18:15-20 Jesus set out a process that involves private discussions, mediation, and authority to make a binding decision:
If your brother sins against you go and show him his fault, just between the two of you. If he listens to you, you have won your brother over. But if he will not listen, take one or two others along, so that "every matter may be established by the testimony of two or three witnesses." If he refuses to listen to them, tell it to the church; and if he refuses to listen to the church, treat him as you would a pagan or a tax collector.
I tell you the truth, whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven. Again, I tell you that if two of you on earth agree about anything you ask for, it will be done for you by my Father in heaven. For where two or three come together in my name, there am I with them.
Christian conciliation is designed to serve the church as it implements this process. Therefore, we encourage Christians involved in conflict to turn first to their church leaders for counsel and assistance. Should Christian parties desire to submit a case to Christian conciliation, we will cooperate with their churches throughout the conciliation process. Therefore, if you are involved in a conflict and belong to a church, please encourage your pastor to review this material and call us to discuss ways we can work together.
What if the other party refuses to consent to conciliation?
It is not unusual for people to have questions and apprehensions about using Christian conciliation, which, for many people, is a novel way to resolve conflict. In fact, sometimes the most challenging part of the entire conciliation process is simply getting both sides to come "to the table". Therefore, do not be discouraged if the other party initially refuses to consent to conciliation. If that happens, a conciliator often can suggest ways to persuade the other person to reconsider and give conciliation a chance.
Is there anything I can do to make sure that future disputes are resolved through Christian conciliation rather than litigation?
Yes. Whenever you write a contract, you may include a conciliation clause, which requires that any disputes related to the contract be resolved through Christian conciliation rather than in court. These clauses are legally enforceable and may be inserted in many types of contracts, including employment, construction, and vendor contracts. For more information see Part III of this booklet.
Is there anything more I can do to promote biblical responses to conflict in my church, ministry or business?

PART 2 HOW TO COMMENCE CONCILIATION

In Matthew 18:15-20, Jesus teaches that Christians should attempt to resolve their differences as privately and informally as possible. Therefore, Resolve and Peacemaker® Ministries encourages parties to explore personal solutions to conflict before involving outside conciliators. This process involves one or more of the following steps:

You should begin by obtaining guidance on how to resolve a dispute personally and privately. Written and audio resources on biblical peacemaking are available through Resolve and Peacemaker® Ministries. (We suggest that you begin your study by reading The Peacemaker by Ken Sande (Baker Books, 3rd ed. 2004); related resources are available through the Peacemaker® Ministries' Resource Catalogue.) If these resources do not answer all your questions, it would be wise to ask for personal guidance from a leader in your church or from Resolve. By learning more about biblical principles of confession, confrontation, negotiation, and forgiveness, you may find that you can talk more effectively with the other party and arrive at a mutually satisfactory agreement.
Next, if private efforts do not resolve a conflict, we encourage you to find one or more local conciliators who will meet with you and the other party to facilitate a solution. These conciliators could be mutual Christian friends, leaders in your church, or respected Christians in your community. Even without special training such people can often promote agreement by improving communication, offering insights on relevant Scriptures, and suggesting creative solutions. If additional support is needed, they may contact Resolve or Peacemaker® Ministries for special resources and advice that will help them serve effectively as peacemakers.
Finally, if these efforts do not resolve a conflict, or if you need a conciliator with special expertise, you may submit the matter to Resolve. (After reviewing these Guidelines, the New Zealand Rules of Procedure, and the Basic Principles at www.Peacemaker.net, please call Resolve to speak with a conciliator and learn whether there is a Christian conciliator near you. If your case is accepted by Resolve for conciliation, we will work with you to contact the other parties in the dispute, describe the conciliation process, and encourage a conciliatory solution to the dispute.

In many cases it is helpful to ask the other party's pastor to assist you in resolving a dispute. The following sample is the type of letter you could write to seek such support:

Dear Pastor Smith,
I am involved in a dispute with John Jones, who is a member of your church. John and I have not been able to resolve this matter in private. Therefore, in the light of 1 Corinthians 6:1-8 and Matthew 18:15-20, I would deeply appreciate it if you or another leader in your church would be willing to arrange a meeting between us and help us come to an agreement.
In fairness to John, I will not go into any detail about the dispute in this letter other than to say that it involves John's purchase of a business from me. I will wait until he and I are with you so you can hear both of our perspectives at the same time.
If you or one of the elders in your church would be willing to help us resolve this matter, I would be able to meet with you and John any evening but Tuesday during the next few weeks. I would like to ask one of the elders from my church to meet with us as well.
I know you have many other things to do, and I regret having to burden you with this request. In the interest of peace and unity among Christians, however, I don't feel I can leave matters unresolved between John and me, nor do I want to use the court system to settle this dispute. I will deeply appreciate your assistance. (By the way, I have sent a copy of this letter to John so he knows what I have written to you).

PART 3 CONCILIATION CLAUSES FOR CONTRACTS AND WILLS

One of the best ways to make sure that a conflict is resolved constructively is to include a conciliation clause in any contracts you sign. These clauses are legally enforceable and require any disputes related to the contract be resolved through biblically based mediation or arbitration, rather than litigation.

Using these clauses may help you avoid the stress and expense of the secular legal system. They should not be used merely for that reason, however. Conciliation clauses should be used by those who are truly committed to biblical principles of peace, justice and reconciliation, and who place a high priority on honouring God and preserving relationships even in the midst of conflict.

Conciliation clauses may be written in several ways, depending upon the preferences of the parties. Resolve recommends the language in the following clauses. There is no copyright on these clauses and you are free to use them at your discretion. Should you use these clauses, it would be wise to provide the parties with a copy of these Guidelines for Christian Conciliation and the New Zealand Rules of Procedure referred to in the clauses. The New Zealand Rules of Procedure are based on Peacemaker® Ministries' Rules of Procedure for Christian Conciliation (www.HisPeace.org). You should obtain your own legal advice as to the precise wording and enforceability of these clauses:

The parties to this Agreement are Christians and believe that the Bible commands them to make every effort to live at peace and to resolve disputes with each other in private or within the Christian church (see Mathew 18:15?20; 1 Corinthians 6:1?8). Therefore, the parties agree that any claim or dispute arising from or related to this Agreement shall be settled by biblically based mediation and, if necessary, legally binding arbitration in accordance with the New Zealand Rules of Procedure for Christian Conciliation ("the Rules"). Complete text of the Rules is available from Resolve, PO Box 180-168, Luckens Point, Auckland 0663. Judgment upon an arbitration decision may be entered in any Court, otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a proceeding in any court against one another for such disputes, except to enforce an arbitration decision or for interim injunctive relief.

If you prefer more concise language, you may use a clause like this:

Any claim or dispute arising from or related to this Agreement shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the New Zealand Rules of Procedure for Christian Conciliation ("the Rules"). Complete text of the Rules is available from Resolve, PO Box 180-168, Luckens Point, Auckland 0663. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a proceeding in any court against one another for such disputes, except to enforce an arbitration decision or for interim injunctive relief.

Conciliation clauses may also be included in Wills. Although conciliation language in Wills is not legally enforceable, it can still encourage people who have disagreements over a Will to settle their differences in a conciliatory manner. The following language is appropriate for use in a Will:

I believe that God wants Christians to make every effort to live at peace and to resolve disputes with one another in private or within the Church (see Mathew 18:15?20; 1 Corinthians 6:1?8; and Ephesians 4:1?3). I believe that obedience to these principles honours and pleases God, benefits those involved, and may lead others to faith in Christ. Therefore, trusting that my family and friends will honour my beliefs and wishes, I ask that any questions or disputes that may arise during the administration of my estate be settled by mediation and, if necessary, arbitration in accordance with the New Zealand Rules of Procedure for Christian Conciliation ("the Rules"). Complete text of the Rules is available from Resolve, PO Box 180-168, Luckens Point, Auckland 0663.

Conciliation clauses may also be included in employment agreements. The Employment Relations Act 2000 allows private mediation and alternative dispute resolution of employment relationship problems. These clauses are used widely by churches, businesses and ministries, including the Bible College of New Zealand, Rhema Broadcasting Group, Gaze Burt, lawyers; the Baptist Union of New Zealand, the Leprosy Mission of New Zealand, AOG and Elim churches. For an example of a clause for the alternative resolution of employment relationship problems by biblically based mediation and arbitration, please contact Resolve at PO Box 180-168, Luckens Point, Auckland 0663, NZ.

Helpful Facts

Conciliation clauses may be used in almost any kind of contract. They are useful in employment, sales, construction, professional services contracts and contracts for services.

Conciliation clauses are simple to use. Even though there are basic steps that must be followed when using them, these clauses are not complex. Once you understand the underlying concept, you may use them in many kinds of contracts.

Conciliation clauses can save you a great deal of time, money and energy. A lawsuit can consume thousands of dollars, deplete you emotionally and spiritually, distract you from important activities and people, damage your reputation, and continue for years. A conciliation clause can help you to stay out of Court and avoid many of these hardships.

Conciliation clauses can help to preserve valuable relationships. When conflict erupts over a contract and people go to court, the adversarial process often damages their relationships beyond repair. In contrast, conciliation provides a way to settle substantive issues while at the same time resolving personal differences and promoting genuine reconciliation, allowing people to resume their personal and business relationships.

Conciliation clauses do not affect other rights. When you sign a contract containing a conciliation clause, only your rights and responsibilities related to that particular agreement are affected.

Conciliation clauses are legally enforceable. The Courts will enforce conciliation agreements that require arbitration. If a dispute arises and either party refuses to participate in conciliation efforts, the other party may apply to the Court for an order compelling the parties to comply with their agreement to proceed with mediation and arbitration. Similarly, if either party files a Court proceeding regarding any breach of the contract, the other party may apply to the court for an order staying that proceeding and directing the parties to comply with their agreement to proceed with conciliation.

Conciliation clauses do not affect other rights. When you sign a contract containing a conciliation clause, only your rights and responsibilities related to that particular agreement are affected.

The best time to agree on how to settle a conflict is before it arises. When people are initially negotiating a contract, they are usually on friendly terms and seldom expect serious problems in their relationship. If a conflict arises later, however, trust evaporates quickly; people often become defensive, suspicious and hostile, and may refuse to agree to conciliation. Therefore, the best time to suggest using conciliation is when a contract is first being written and both sides are inclined to see a conciliation clause as a prudent, non?threatening precaution.

Conciliation clauses may be implemented even if there is not an established Christian conciliation ministry in your community. The language proposed by these clauses commits the parties to a defined process, not to a particular conciliator. If a conflict develops and conciliation is necessary, the parties may ask leaders from their respective churches or other respected individuals in their community to settle the matter using the Rules of Procedure for Christian Conciliation. If such assistance is not easily available, they may bring in experienced conciliators from another location. (If the parties cannot agree on who will handle their case, the Rules provide who will make that decision.)

It is wise to talk with a lawyer before using a conciliation clause. Your lawyer can confirm your commitment to avoid litigation, alert you to current legal requirements, and ensure the enforceability of a conciliation clause in your contract.

Resolve and Peacemaker® Ministries have materials that can help you explain the benefits of using conciliation clauses.
One of the best ways to persuade other people to agree to use a conciliation clause is to provide them with copies of The Peacemaker brochure, these Guidelines for Christian Conciliation, and What Christian Leaders Say About Christian Conciliation. These materials explain the conciliation process and show that it is a respected means for resolving conflict. If others still have reservations after reading the materials, you may encourage them to contact a local Christian conciliation ministry, Resolve or Peacemaker® Ministries for further information.

If you begin using conciliation clauses today, you are taking a wise precaution against the necessary stress and expense in the future. Moreover, by openly committing yourself to the conflict resolution set out in Scripture, you will be making a clear statement that you trust God and desire to follow His principles in every aspect of your life. Please feel free to contact a local Christian Conciliation Ministry, Resolve PO Box 180-168, Luckens Point, Auckland 0663, NZ or Peacemaker® Ministries (www.Peacemaker.net) for more information about these valuable provisions.

PART 4 NEW ZEALAND RULES OF PROCEDURE FOR CHRISTIAN CONCILIATION

Christian Service for Dispute Resolution Inc (Resolve) in partnership with Peacemaker® Ministries
If you are unfamiliar with Christian conciliation, we suggest you read the previous section, "Introduction to Christian Conciliation," before you read these Rules. The Introduction provides an overview of the conciliation process and will enable you to understand these Rules more readily.

A. GENERAL RULES 10

Purpose 10
Use of Rules & Name of Administrator 10
Definitions and Rules of Construction. 10
Application of Law 11
Commencing Conciliation 11
Involvement of Insurer 11
Withdrawal 11
Selecting an Administrator 12
Fees and Costs 12
Appointment of Conciliators 12
Replacement of Conciliators 12
Time & Place of Conciliation Meetings 12
Right to Representation 12
Evidence in Conciliation 13
Decisions by Majority 13
Confidentiality 13
Church Involvement 14
Waiver of Right to Object 14
Interpretation & Application of Rules 14
Exclusion from Liability 14
B. MEDIATION RULES 14
Individual Meetings & Caucuses 14
Mediation Proceedings 14
Written Record of Agreement 14
Transition from Mediation to Arbitration 14
C. ARBITRATION RULES 15
General Provisions 15
Description of issues and Remedies 15
Approval of Panel 15
Oaths or Vows 15
Pre-hearing Conferences & Preliminary Hearings. 15
Temporary Relief 15
Discovery & Distribution of Documents 16
Notice of Arbitration Meetings 16
Delivery and Notice 16
Communication with Arbitrators 16
Arbitration Proceedings 16
Record of Proceedings 16
37. Evidence in Arbitration 16
Arbitration in the Absence of a Party 17
Legal or Scriptural Briefs 17
Reopening of Hearings 17
Decisions 17
Request for Reconsideration 17
Finality 18
Termination 18
Settlement 18
Conflict of Rules 18

A. GENERAL RULES

Purpose
The purpose of Christian conciliation is to glorify God by helping people resolve disputes in a conciliatory rather than adversarial manner. In addition to facilitating the resolution of substantive issues, Christian conciliation seeks to reconcile those who have been alienated by conflict and help them learn how to change their attitudes and behaviour to avoid similar conflicts in the future. These Rules shall be interpreted and applied in a manner consistent with this purpose.
Use of Rules & Name of Administrator
These Rules may be used by Peacemaker® Ministries, Resolve, a local Christian conciliation ministry, a church or any other organisation or person who wishes to help parties resolve conflicts pursuant to these Rules. Any such organisation or person to whom parties submit a dispute shall be referred to as "the Administrator" throughout these Rules.
Definitions and Rules of Construction.
A. Administrator refers to any individual or organisation that provides or facilitates Christian conciliation services pursuant to these Rules. When referring to an organisation, Administrator includes any staff, directors, volunteers, or conciliators who serve on behalf of the organisation.
B. Conciliation is the voluntary submission of a dispute for biblically based conflict counselling, mediation, arbitration, or mediation/arbitration.
C. Conciliator refers to a counsellor, a mediator, or an arbitrator.
D. A conciliation agreement is an agreement to submit an existing dispute to mediation, arbitration, or mediation/arbitration.
E. A conciliation clause in a contract is a provision written into a contract that requires future disputes related to the contract to be resolved by mediation/arbitration or arbitration.
F. The conciliation process includes all phases of conciliation, from initial contact with the Administrator through to the conclusion of mediation, arbitration, or other contact with the Administrator.
G. Mediation utilises one or more neutral intermediaries who assist the parties in arriving at their own voluntary and mutually satisfactory resolution. Mediators may at the request of the parties conciliate the dispute and provide the parties with an advisory opinion, but that opinion shall not be legally binding.
H. Arbitration is the submission of a dispute to a single arbitrator or a panel of arbitrators for a legally binding decision under the Arbitration Act 1996 and its amendments ("the Arbitration Act') that may become and have the same effect as a judgment of a civil court.
I. Mediation/arbitration is the submission of a dispute to mediation and, if mediation is not successful, to arbitration.
J. Church leaders are the staff and official leaders of the Church that a person usually attends or formally belongs to and the denomination, if any, to which that church belongs.
K. A person or party includes an individual or an entity (corporate or otherwise).
L. Any time the word may is used in these Rules, it indicates that a person has complete and sole discretion in deciding whether to take a certain action or actions.
M. Unless indicated otherwise, a word used in the plural form shall be understood to include the singular form (e.g. "Arbitrators" includes "Arbitrator").
N. Any provision of these Rules may be modified, but only by a written agreement signed by the parties and the Administrator.
Application of Law
Conciliators shall take into consideration any applicable New Zealand law that the parties bring to their attention, but the Holy Scriptures (the Bible) shall be the supreme authority governing every aspect of the conciliation process.
Commencing Conciliation
A. Any person may initiate conciliation by informing the Administrator of the nature of the dispute, the names of the other parties involved, and the remedy sought. The initiating party may inform the other parties of the request for conciliation and provide them with information describing Christian conciliation, or the initiating party may ask the Administrator to contact the other parties.

B. The Administrator may decline to accept any case for any reason. The Administrator may also postpone conciliation until reasonable efforts have been made by the parties to resolve the dispute privately or with the help of their churches, pursuant to Matthew 18:15-20 and 1 Corinthians 6:1-8. At the same time, the Administrator may provide the parties with individual counselling or written resources to facilitate a private resolution.

C. The Administrator may require a person to sign an agreement not to use any information acquired through conciliation in a court of law. This provides limited protection for communications made during the conciliation process.

D. If the Administrator accepts a case, conciliation shall commence only after the parties sign a conciliation agreement. If persons who have a legal interest in the dispute refuse to consent to conciliation, conciliation shall affect only the rights and responsibilities of those joined as parties.

All conciliation agreements shall contain a statement of the issues to be resolved. Arbitration agreements shall also contain a statement of the amount of money involved, if any, and the remedies sought. After all parties sign a mediation/arbitration or arbitration agreement, no new or different claim may be submitted without the approval of either the arbitrators or the Administrator.
B. The New Zealand edition of the Rules of Procedure for Christian Conciliation in effect when conciliation is initiated shall apply.
C. If legal action is pending at the time conciliation is commenced, the Administrator may require the parties take steps to stay or postpone proceedings pending conclusion of the conciliation.
D. If a party believes that property or rights may be irreparably harmed by delay, he or she may request temporary (injunctive) relief (see Rule 29).
Involvement of Insurer
If a dispute or claim submitted to conciliation involves a matter that may be covered by a party's insurance, the insurer shall be invited to participate in the conciliation process in order to facilitate a prompt and equitable resolution. A participating insurer shall have the same privileges under these Rules as a party with regard to selecting an Administrator and appointing conciliators.
Withdrawal
A. The Administrator may withdraw at any time from any case if it decides that conciliation is inappropriate or ineffective. If the Administrator withdraws from a case requiring arbitration, and if the parties do not agree to terminate arbitration entirely, they shall submit their dispute to another organisation that will apply these Rules.
B. Any party may withdraw at any time from mediation, but not from mediation/arbitration or arbitration.
C. A party may not withdraw from mediation/arbitration or arbitration without the written consent of all other parties who signed the conciliation agreement or the contract containing the conciliation clause.
Selecting an Administrator
The parties may mutually select the Administrator that will administer their dispute. If the parties are unable to agree on an Administrator within a reasonable period of time (as determined by Resolve), Resolve shall have the power to determine the Administrator, and its decision shall be final and binding. If Resolve is a party to a dispute, the Administrator shall be the Principal of the Bible College of New Zealand.
Fees and Costs
A. A non-refundable administrative fee may be charged for conciliation services. If an administrative fee is to be charged, the Administrator shall provide the parties with a written fee schedule, which must be signed, by the parties. The Administrator may reduce the fee or arrange a payment plan for parties who would not otherwise be able to afford Christian conciliation.
B. If an hourly conciliation fee is to be charged the Administrator and/or the conciliators shall provide the parties with a written fee agreement, which must be signed, by the parties. The Administrator may require the parties to pay an advance deposit to cover the anticipated costs of conciliation, as determined by the Administrator.
C. The parties shall reimburse the Administrator for all direct costs associated with a case, including long distance telephone calls, travel, materials provided, and other out-of-pocket expenses. Withdrawal by any party or the Administrator does not relieve the parties of their responsibility to pay any of these fees and expenses.
D. The expense of any witness or evidence produced at the request of the conciliators shall be shared equally by the parties, unless agreed otherwise by the parties or determined otherwise by the conciliators. The party producing such a witness (unless determined otherwise by the arbitrators) shall pay the expenses of that witness.
E. The parties shall share all fees and costs incurred by the Administrator and/or the conciliator equally unless agreed otherwise in a fee agreement or determined otherwise by the arbitrators (see Rule C16C).
F. If Resolve administers a dispute is submitted to conciliation pursuant to a conciliation clause in a contract, the Resolve Fees and Costs schedule in effect when conciliation is initiated shall apply. If paid conciliators are appointed for the case, the Administrator shall inform the parties of their rate of compensation.
G. The parties agree to pay the arbitrator's fee (or any unpaid balance) within fourteen (14) days of being notified that the award is available for uplifting.
Appointment of Conciliators
A. The Administrator shall nominate a panel of one or more conciliators for approval by the parties. Before making its nominations, the Administrator may consult with the parties to identify individuals or types of individuals who may be well suited to serve as conciliators in their case. Upon request, the Administrator shall provide the parties with biographical information on any proposed conciliator. All conciliators shall affirm the statement of faith contained in the Standard of Conduct for Christian Conciliators in the Guidelines for Christian Conciliation available from Resolve.
B. If the parties are unable to agree on conciliators, after a reasonable effort has been made to propose suitable conciliators (as determined by the Administrator), the Administrator shall approve conciliators and conciliation shall commence as though the parties approved the conciliators.
C. The appointment will not be complete until it has been recorded in writing and accepted by the nominated conciliators.
Replacement of Conciliators
A. A person proposed or approved as a conciliator shall disclose to the Administrator any circumstances likely to affect impartiality or the person's ability to perform the duties of a conciliator. Upon receipt of such information from that person or from another source, the Administrator shall either change its proposal or communicate the information to the parties. After consulting with the parties, the Administrator shall determine whether a conciliator who has already been appointed should be disqualified. The Administrator's decision shall be final and binding.
B. If any appointed conciliator withdraws, is disqualified, or is unable to perform the duties of the office, the remaining conciliators may continue with conciliation, unless the parties unanimously agree, or the Administrator decides, that the vacancy should be filled.
Time & Place of Conciliation Meetings
The Administrator shall determine the time, place and other conditions of the initial conciliation meetings, after taking into consideration the preferences of the parties. The conciliators shall determine the time, place and other conditions (including adjournments and continuances) of subsequent conciliation meetings.
Right to Representation
A. Conciliation can affect substantial legal rights and responsibilities. Therefore, parties have the right to be assisted or represented by independent legal counsel throughout the conciliation process.
B. Both the Administrator, any lawyers serving on behalf of the Administrator, and the conciliators, serve only as impartial conciliators, and will not represent any party or provide the parties with legal advice such as they would receive were they to seek legal advice from an independent lawyer. If a party desires legal advice, he or she should consult with his or her own independent lawyer, especially concerning any question about any statutory limitations (i.e., how long one can wait to file a legal action before losing the right to do so).
C. When the Administrator is informed that a party has retained a lawyer, the Administrator may contact the lawyer to discuss the case and invite his or her co-operation in the conciliation process.
D. A party must notify the Administrator at least five (5) days in advance if he or she desires to have a lawyer present at a conciliation meeting. Such notice shall include the name and address of the lawyer. If other parties will not have lawyers present with them during mediation meetings, the Administrator may exclude all lawyers from mediation meetings. If necessary to fulfil the purpose of Christian conciliation (see Rule 1), the Administrator may disqualify a lawyer from participating in conciliation, provided his or her client is given reasonable time to secure another lawyer.
E. During mediation, lawyers shall serve only as advisors to their clients, and the clients will be expected to speak for themselves as much as possible. During arbitration, lawyers may represent and speak for their clients. Lawyers will be expected to respect the conciliatory nature of the process and avoid unnecessary advocacy.
F. Any lawyer who has served as a conciliator shall not represent a party in a subsequent legal proceeding concerning the matter that was presented for conciliation, nor may the lawyer use in other proceedings any information that was obtained during conciliation.
Evidence in Conciliation
A. The parties shall cooperate with the Administrator and each other in providing documents, names of witnesses, and other information that will contribute to an understanding of the dispute. Copies of all submissions or documents provided to the conciliators or the Administrator shall be copied and sent to all parties (by the party providing the documents).
B. The parties may offer any evidence that they consider fair, relevant, and pertinent to the dispute, and they shall produce any additional evidence that the conciliators deem necessary for understanding and resolving the dispute.
C. The conciliators shall be the judge of the relevance and materiality of the evidence offered, and conformity to legal rules of evidence shall not be necessary.
D. The conciliators may at their discretion receive and consider the evidence of witnesses by affidavit, and may make a personal