The Christian Conciliation Alternative
Stephen Bloom
From:
The Believer’s Guide to Legal
Issues
Click here for a printer-friendly version of this article
Blessed are the peacemakers, for they will be called
sons of God.
Matthew 5:9
Life Lessons: Eldon and Emily
To Eldon, it all seemed to make sense at first. The way he
saw it, his customer didn’t pay him for work he did. He tried
everything he could think of to get the customer to pay. When
nothing else worked, he had his lawyer file a lawsuit to collect the
money. It wasn’t even that much money in the grand scheme of things,
but for a small building contractor like Eldon, it was enough. Not
receiving the money made it difficult for Eldon and his wife, Emily,
to stay current with some of their bills, made it necessary for them
to put off a planned week at the beach, and made Eldon angrier and
angrier whenever he thought about it.
But on the day Eldon signed the papers to finalize the
lawsuit, he never dreamed that within a few months the situation
would have cost him and Emily several lifelong friends and caused
their church to experience an ugly and painful congregational
split. “I still don’t get it,” said Eldon with frustration. “I
don’t see why old Hoover won’t just pay the money he owes me for
that job!” Emily looked at Eldon and shrugged. “Hon, neither do I.
He’s a stubborn man, a proud man. I guess he still blames you for
the water damage from the broken pipe . . .”
Eldon raised his voice. “Emily, I told you, that pipe had
nothing to do with me! It was an old pipe and it was just a
coincidence that it busted while I was on the job!”
Emily paused, then asked, “Eldon, is that the way you
reacted when Hoover first asked you to pay for the water damage?”
“What do you mean, Emily?” Eldon demanded. “Sure, I told him in no
uncertain terms it wasn’t my fault and that I wouldn’t think of
paying for the damage—and that was the truth. What else was I
supposed to say? He was just plain wrong! But, boy, I wish I knew
then that he was going to blame me anyway, and that he was going to
let me finish my work and then refuse to pay me! I would have walked
off the job that very day if I had only known, but I thought I could
trust a fellow Christian, an elder of our own church! Who knew the
guy would turn out to be a liar and a coward!”
Emily tried again. “But don’t you see, Eldon, you didn’t
give him much of a chance to talk things out with you—maybe there’s
something to that story he told the pastor about the wires you’d
been running getting caught on the old solder joint and breaking the
pipe loose.”
“No way, no way!” Eldon shot back. “I don’t even want to hear another thing
about Hoover and his crazy lies! And I still can’t believe he was going around
telling that phony story to our pastor and the other elders behind my
back—calling me a liar when I wasn’t even there to defend myself ! I’m a
professional and I know my trade, and I know I didn’t damage that pipe! I have
my reputation to protect! And that’s why I had to write to the elder board and
the pastor, that’s why I had to set the record straight about Hoover and all the
lies he was spreading about me! “And to think, that young pastor had the nerve
to come over here and get in my face about me calling Hoover a liar and a coward
in my letter! And then for him to give me that pious lecture about how the Bible
says Christians shouldn’t sue fellow Christians! Well, I wonder how he feels
about it now that there’s not enough money in the offering plate to pay his
salary, now that so many of our friends have left the church with us!”
Emily had a sad look on her face. “Eldon, doesn’t it bother
you some of our friends didn’t leave the church with us? There were
some good people, old friends, people I’ll really miss. And all the
memories.”
Eldon frowned and told her, “Forget about ’em. If they want
to side with that no-good Hoover and his cronies on the elder board,
then let ’em. But they’re no friends of mine!” Eldon looked at
Emily’s face and noticed she was tearing up. “Emily, just think—the
trial is coming up in only a few weeks. We’ll have our day in court;
we’ll prove Hoover is a lying deadbeat. And we’ll show that pushy
pastor he’s wrong! Justice will be done and we’ll get the respect we
deserve! And we’ll get our money!” Emily’s tears began to flow. “I
don’t know, Eldon, I just don’t know if I care about the money or
any of this anymore. I just wish there was some way to go back to
the way things were . . .”
More Life Lessons: Ronnie and Reba
Ronnie and Reba sat down at the small table in the private
conference room. “You know, Ronnie,” Reba said in a surprised tone,
“I hate to admit it, but there might be something to this Christian
conciliation business after all. What’s your take on the offer
they’ve asked us to consider?”
Ronnie couldn’t conceal the grin forming on his face. The
Christian mediation session had lasted about two hours. There were
some heated words at first, but as things went on there were also
some times of heartfelt sharing, some tears, and even some laughter.
Now, after a few minutes of silent prayer with everyone still
sitting around the big table, the mediator had asked Ronnie and Reba
and the couple they’d been having so much trouble with (Mr. and Mrs.
Davis) to adjourn to separate waiting areas, while she prepared a
settlement proposal she hoped would be acceptable to both sides. And
she had just returned to the small conference room with that
proposal, which she handed to Ronnie.
Ronnie and Reba had been struggling back and forth with
their new neighbors, the Davis’s, for several months, mostly by way
of tense and unfriendly phone messages. The trouble started one day
while Ronnie and Reba were at work, when the Davis’s constructed a
high wooden fence between the two properties. The concept of a fence
was fine with Ronnie and Reba—in fact, Ronnie and Reba themselves
had often talked about installing a fence along the back of their
yard for better privacy—but money was tight and the project was
always deferred. The problem was that the Davis’s new fence
encroached on Ronnie and Reba’s property by several feet, cutting
off their access to part of their own yard.
Thinking at first that it was a simple mistake that could
easily be taken care of if the Davis’s were informed of their error,
Ronnie and Reba tried stopping at the Davis’s house to talk on
several different evenings after work, but no one ever answered
their knocks on the door. After several failed attempts at a
personal visit, Ronnie was becoming a bit edgy about the situation
and was able to track down the Davis’s phone number. Reaching a
voice-mail system when he tried to call, Ronnie let his increasing
frustration get the best of him and left a rather confrontational
message with instructions for the Davis’s to correct the problem
immediately.
After another week or so of inaction, Ronnie, now even more
frustrated, called again, leaving an even more insistent message.
But again there was no response.
From time to time Ronnie and Reba could see lights or other
signs of activity at the Davis house, but whenever they would call,
the voice-mail system was all they could reach. And when they again
attempted a personal visit, there was still no answer at the door,
even though they could hear music playing inside. And the fence
remained in place.
Now Ronnie and Reba were becoming convinced the Davis’s
were intentionally ignoring the situation. Finally, after another
week or so, Reba came home from work to find a message on their own
home answering machine from Mr. Davis. He sounded upset and said his
wife had been emotionally shaken by hearing the “threatening”
messages left by Ronnie, and insisted Ronnie stop calling her. And
things only worsened from there, as several more hostile messages
were exchanged, with various denials and further accusations being
issued by the husbands.
The tone of the messages eventually prompted Mr. Davis to
contact his lawyer for assistance, and a few days later an
attorney’s letter addressed to Ronnie and Reba arrived, warning them
to cease and desist from their “harassment” of the Davis’s. The
letter did not even mention the fence. Ronnie was incensed and
called his own lawyer the next morning, arranging to meet with him
and bring him the letter later in the week.
When the appointment finally arrived, Ronnie and the
attorney talked about the whole situation at some length. The
attorney and Ronnie had first met when they were serving together on
the board of a local Christian charity some years ago, and that
sparked an idea in the lawyer’s mind.
“Ronnie,” he suggested, “I can write you a big scary letter
and shoot it back at the attorney for the Davis’s, disputing all
their charges, making our own countercharges and, of course,
bringing up the whole issue of the fence. But experience tells me
such a letter is likely to lead merely to another letter from
opposing counsel, going on the record to deny our allegations, and
so on and so forth until we work something out through some long and
expensive negotiation process—or we end up in court, fighting things
out at even greater expense. And when it’s all over, you will still
be living as an enemy of your neighbors.” Ronnie acknowledged the
lawyer’s comments with a nod.
“I recall you are a Christian man, Ronnie,” the lawyer
continued, “and, if I have my facts straight, I also recall Jesus
saying something about us loving our neighbors. And, frankly, I’m
tired of watching the legal system turn neighbors into enemies, and
I’m tired of being a part of that ugly process.
“There’s a new organization in town called the Christian
Conflict Resolution Center. I met their chief mediator at a local
bar association function the other week. She seems very well
qualified—she’s a lawyer with extensive specialized training in
alternative dispute resolution from a Christian perspective. Her
goal is to resolve disputes in a biblically based manner so at the
end of the process, the adversaries will not only feel justice was
done, but they will be fully reconciled into fellowship with each
other—all with God’s help, I might add! And I found out about her
rates, too—I can promise you, if she’s as effective as she appears
to be, you will save yourself a substantial sum in legal fees if you
use her services. “So what do you think, Ronnie? Want to give it a
shot? If you say ‘yes,’ I’m quite sure I can persuade the attorney
representing the Davises to make a similar recommendation to them.
Of course, they would have to agree to meet with the mediator to
make any of this work.”
After some discussion and persuasion, Reba agreed with
Ronnie that they ought to give this Christian mediator a chance to
see what she could do, especially since it might save them some
money. Ronnie let their attorney know and he got the wheels in
motion. It turned out the Davises were receptive to the concept,
being active Christian believers themselves. And soon the day came
for the mediation session.
The facts and circumstances the mediator was able to draw
out of the parties put everything in a different and unexpected
light. It turned out that within days of his family’s move into the
new house, Mr. Davis, an engineer, had been assigned by his employer
to troubleshoot a major industrial installation project overseas.
The assignment was for forty-five days, and he had not been home to
supervise the fence installation. In his absence, Mrs. Davis had
been sketchy on the precise whereabouts of the lot line, leading to
the unintentional error in the placement of the fence. And because
of his overseas location, Mr. Davis had extremely limited
communication with his wife and could only call home occasionally,
and never during the evenings when Ronnie and Reba were usually
home.
Mrs. Davis worked the evening shift as a nurse at a local
hospital, sometimes leaving her thirteen-year-old daughter home
alone, always with strict instructions not to answer the phone or
open the door for anyone during her absence. Mrs. Davis had become
overwhelmed with the unanticipated responsibility for settling into
the new house in her husband’s absence and had fallen behind in
checking her phone messages and other usual household
responsibilities.
The Davises were now expressing a willingness to make
immediate arrangements for the removal of the fence to the proper
boundary line at their own expense, provided Ronnie and Reba would
apologize for their antagonistic tone in communication throughout
the matter.
And the mediator’s settlement proposal that Ronnie and Reba
were now reviewing was the reason Ronnie couldn’t hold back his
smile. It contained five points: (1) Ronnie and Reba would sign a
note of apology to the Davis’s for their conduct, (2) the Davis’s
would likewise sign a note of apology for
their conduct, (3)
the Davis’s would cause the fence to be promptly relocated to the
correct boundary at their own expense, repairing any damage to
Ronnie and Reba’s yard, (4) Ronnie and Reba would, within the next
thirty days, have the Davis’s over for a backyard barbeque at their
home, and (5) the Davis’s would reciprocate with a barbeque of their
own within thirty days of Ronnie and Reba’s cookout. “I say we take
the offer!” exclaimed Ronnie.
“Amen!” agreed Reba. “It’s a deal!”
Biblical Insights
-
When any of
you has a grievance against another, do you dare to take it to
court before the unrighteous, instead of taking it before the
saints? Do you not know that the saints will judge the world?
And if the world is to be judged by you, are you incompetent to
try trivial cases?
- 1 Corinthians 6:1–2 (NRSV)
-
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.
— Matthew
5:23–24
-
Do nothing
from selfish ambition or conceit, but in humility regard others
as better than yourselves. Let each of you look not to your own
interests, but to the interests of others.—Philippians
2:3–4 (NRSV)
-
But I tell
you who hear me: Love your enemies, do good to those who hate
you, bless those who curse you, pray for those who mistreat you.
If someone strikes you on one cheek, turn to him the other also.
If someone takes your cloak, do not stop him from taking your
tunic. Give to everyone who asks you, and if anyone takes what
belongs to you, do not demand it back. Do to others what you
would have them do to you.—
Luke 6:27–31
-
So watch
yourselves. If your brother sins, rebuke him, and if he repents,
forgive him. If he sins against you seven times in a day, and
seven times comes back to you and says, ‘I repent,’ forgive him.—Luke
17:3–4
-
The LORD is
compassionate and gracious, slow to anger, abounding in love. He
will not always accuse, nor will he harbor his anger forever; he
does not treat us as our sins deserve or repay us according to
our iniquities.—Psalm
103:8–10
-
If another
member of the church sins against you, go and point out the
fault when the two of you are alone. If the member listens to
you, you have regained that one. But if you are not listened to,
take one or two others along with you, so that every word may be
confirmed by the evidence of two or three witnesses. If the
member refuses to listen to them, tell it to the church; and if
the offender refuses to listen even to the church, let such a
one be to you as a Gentile and a tax-collector.
- Matthew 18:15–17 (NRSV)
-
As a prisoner
for the Lord, then, I urge you to live a life worthy of the
calling you have received. Be completely humble and gentle; be
patient, bearing with one another in love. Make every effort to
keep the unity of the Spirit through the bond of peace.—Ephesians
4:1–3
-
So whether
you eat or drink or whatever you do, do it all for the glory of
God. Do not cause anyone to stumble, whether Jews, Greeks or the
church of God—even as I try to please everybody in every way.
For I am not seeking my own good but the good of many, so that
they may be saved. Follow my example, as I follow the example of
Christ.
- 1 Corinthians 10:31–11:1
Practical Counsel
How can we provide for disputes to be resolved in a manner
that honors God? Is there a realistic alternative to lawsuits and
other litigation? God wants us to honor him in all aspects of our
lives, including those inevitable personal and business disputes.
God’s Word provides us with clear guidelines to help us resolve
conflicts in a way that glorifies him. And, in stark contrast to the
secular legal system, God’s way challenges us to seek the interests
of others as well as our own, with a focus on preserving
relationships, not “winning at any cost.” A biblical approach to
conciliation addresses underlying factors involved in disputes and
provides a genuine opportunity for true justice and healing.
A Christian mediation and reconciliation process can be
pursued simply and informally by seeking the assistance of a trusted
brother or sister in Christ to help disputing parties talk through
and resolve their differences, or it can be pursued formally by
involving the leadership of the church or a professionally trained
Christian mediator. Either way, Christian dispute resolution can
spare everyone involved the misery and expense of litigation in the
secular courts, while providing a much more satisfactory conclusion
and a Christ-honoring witness to the watching world. And,
thankfully, there are now numerous individuals and organizations
throughout the country with ministries specifically devoted to
facilitating Christian mediation and reconciliation. Some mediators
are Christian attorneys, some are Christian counselors or social
workers, some operate under the umbrella of nonprofit organizations,
and some are extensions of traditional church pastoral ministries
and denominational agencies.
The process of Christian dispute resolution may unfold in
various ways, depending upon the history of the conflict, the stage
at which assistance is sought, and the complexity of the underlying
matter. In some cases, the mediator may undertake an independent
investigation of the facts and circumstances, while in others the
mediator may simply bring the parties together in a neutral
environment for facilitated discussion and negotiation. In every
case, the matter will be bathed in prayer and the Scriptures will be
opened for relevant guidance. Typically, the mediator is not
empowered to make a binding decision, but rather will diligently
seek to guide the parties into a mutually acceptable resolution,
some uniquely crafted outcome both parties can willingly embrace.
Of course, Christian conciliation is usually a realistic alternative
only if both parties are willing to become involved in such a
process. (Any individual embroiled in a dispute would surely benefit
from receiving trained Christian peacemaking counsel, even if the
other party refuses to partake. In some cases that counsel might
even include some effective strategies for encouraging the reluctant
party to join in the process in spite of misgivings or skepticism.)
And, yes, the common Christian faith of the parties is also normally
a prerequisite to commencing a Christian reconciliation process,
although there have been instances where even a non-Christian is
willing to consider giving Christian arbitration or mediation a try.
One excellent way to ensure that any possible future
disputes between Christian parties involved in a formal ongoing
relationship (for example, landlord and tenant, employer and
employee, buyer and seller, homeowner and contractor, business
partners, etc.) will be resolved through a Christian conciliation
process, rather than risking the unnecessary stress, expense, and
unbiblical aspects of secular court litigation, is to include a
Christian conciliation clause in the underlying legal agreements
governing the relationship (lease, employment contract, sales
agreement, construction contract, partnership agreement, etc.). The
inclusion of such a clause is also a clear witness to others that
you trust in God and desire to follow his principles in every aspect
of your life. In simple terms, the Christian conciliation clause
would state that if an unresolvable dispute arises between the
parties, they agree in advance to submit the problem to biblically
based Christian mediation or arbitration (binding or nonbinding, as
the parties see fit) and to abide by the outcome of that process.
In addition to their use in contractual documents,
Christian conciliation clauses can also be adapted for use in
estate-planning documents, such as wills and trusts, to encourage
positive, God-honoring, relationship-preserving resolution of any
disputes that might arise among heirs in settling an estate. Other
applications of Christian conciliation clauses might include
corporate bylaws, organizational rules, church governance documents,
and the like.
The Bible strongly discourages us from getting involved in
litigation. God knows the heavy toll a lawsuit can take on our
finances, our families, and our emotions. And getting involved in a
lawsuit can distract us from doing the truly important things in
life, the things that will build up God’s kingdom. Our witness of
Christ to the world can really suffer from our involvement in
litigation. So choosing voluntary Christian conciliation and
advocating for the use of Christian conciliation clauses are ideal
ways for Christians to stand up for Jesus and stand against the
culture of unhealthy, destructive dispute resolution in which we
find ourselves immersed.
Stephen Bloom is
a Christian lawyer with more than 20 years experience in private
practice. A frequent media guest, speaker and writer on Christianity
and the law, he's a Lecturer at Messiah College, Consultant to the
United Methodist Stewardship Foundation of Central Pennsylvania,
contributing writer at crosswalk.com, and columnist for Good News
Daily. For more information visit
www.IsThereALawyerInTheChurch.com
To buy The Believer's Guide to Legal Issues,
click here.