Advice to Churches to Prevent Member Lawsuits

September 16, 2014 – 4:36 pm

Following up on my previous post, based on Doe v Vineyard Church, regarding church members who were able to sue their church despite signing a document promising that they would not, here are some suggestions for churches to prevent members from suing their church:

  • Have a Dispute Resolution Policy that specifically states that members will resolve their disputes through mediation and/or arbitration, and that they will not sue their church or other church members. A sample can be found on Peacemaker Ministries’ website.
  • Make it clear to members and to prospective members where they can find the Dispute Resolution Policy. If it’s a separate document, as Peacemaker Ministries recommends, make sure there are cross-references between it and the church’s by-laws. If it’s in a “newcomer’s booklet” or other information for prospective members, make sure it’s clearly identified, not buried.
  • As part of the membership class or other membership education process, specifically teach on the dispute resolution policy, the importance of resolving disputes within the body of Christ rather than in court, and the ramifications of waiving the right to sue one’s church. It is not sufficient to tell prospective members to read the policy on their own.
  • If the membership commitment form does not contain the dispute resolution policy itself, but only references it, be sure that the membership commitment form describes exactly where the policy can be found. Determine some way to verify that the prospective member has indeed read the policy. Consider including a line in the membership commitment like, “I have received a copy of the Dispute Resolution Policy, have had a chance to review it, and have had any questions about it answered.”
  • Maintain documentation of membership commitments.
  • Hang onto various versions of the dispute resolution policy, with dates indicating when each version was in effect.

The key feature that a court will look for is “informed consent.” Did new members consent to mediate or arbitrate all future disputes, and knowingly waive the right to sue their church? Did new members understand the implications of agreeing to med/arb and foregoing litigation? Referring in the membership commitment form to a dispute resolution policy, without describing it or where the policy itself can be found, is ineffective. Having the policy as an appendix in a booklet for newcomers, then simply telling prospective members to read it, is insufficient. Talking generally about the policy, without explaining its ramifications, is insufficient too. Thoughtful consideration to this topic will ensure that members want to resolve church disputes within the church, rather than in court.

By abfifer | Posted in Christian Lawsuits | Comments Off on Advice to Churches to Prevent Member Lawsuits

Enforcing Agreements Not to Sue Your Church

September 11, 2014 – 4:54 pm

For a host of reasons, it seems both unbiblical and un-Christian for a church member to sue one’s own church. (Indeed, I think this is an issue only in the U.S.—it simply would not occur to the vast majority of Christians in the world to express their unhappiness with their church by suing it.) But, just to be sure, many churches encourage members to agree to bring any disputes to mediation or arbitration, rather than to court, often as a condition of membership.

My own church, Berean Baptist Church, offers such an agreement to prospective members. In addition to signing a commitment to adhere to the church’s by-laws, prospective members are encouraged to sign a commitment not to sue the church, but to “submit the matter to mediation and, if necessary, to arbitration.”

A recent case tests the enforceability of such an agreement. A married couple joined a Vineyard church outside Columbus, Ohio, in 2006. The church requires its members to commit to Vineyard’s “disciplinary and dispute resolution process,” as part of its membership application. The couple signed this application, and attended the Newcomer’s class, both of which are required for membership. In the Newcomer’s class, potential members are given a booklet which includes the dispute resolution policy. The policy is similar to the standard clause promoted by Peacemaker Ministries, calling for all disputes between members and their church to be resolved through “biblically-based mediation and, if necessary, arbitration, in accordance with the Rules of Procedure of the Institute for Christian Conciliation.” The couple claims that they never received the booklet, nor was the dispute resolution policy addressed in their membership class.

The couple filed a lawsuit against the church in 2011, after the wife was sexually abused by an associate pastor who was counseling her. The church argued that the matter ought to be resolved privately rather than in court, based on the couple’s promise not to sue the church. The trial court rejected the church’s argument; the church appealed. This summer, Ohio’s Tenth District Court of Appeals ruled in favor of the couple, agreeing with the lower court that the evidence did not support the church’s claim that the family had agreed to the policy (Doe v Vineyard Columbus, 2014-Ohio-2617). Although the membership application included an agreement to the disciplinary and dispute resolution process, the court pointed out that the application did not include the policy itself, nor reference the Newcomer’s booklet where one could find the policy and read it before agreeing to become a member. Thus, the court could not find a knowing agreement to mediate or arbitrate disputes.

Churches shouldn’t have to work this hard to convince their members not to sue them. Whether or not this couple signed this form, or agreed sometime in the past not to sue their church, it’s contrary to everything that Christ’s church stands for, for members to be bringing lawsuits against their churches in the civil courts. Paul said as much in I Corinthians 6:1-8. In this case, the church isn’t disputing that the abuse occurred; the associate pastor was fired as soon as it came to light. This argument is only about the forum: should the dispute be resolved in court, or privately?

One wonders why the family is so reluctant to resolve this in a private Christian mediation or arbitration process. The matter could have been resolved long ago, had they gone straight to Christian ADR. Instead, they’ve now filed for bankruptcy, citing the wife’s high therapy bills. And, after three years of litigation, all they’ve accomplished is the right to go forward with their lawsuit. It could be months or years before they see the end of this. One wonders, too, what efforts the church has made to help this family out so they would have no reason to sue.

For all the churches–including my own–that have these clauses in their membership documents, this case is a cautionary tale: do members know and understand what it means to waive their right to sue their church? One of the challenges for this Vineyard church was finding a copy of the Newcomer’s booklet from 2006, when the plaintiffs joined the church. Churches need to educate members on these policies and their implications, make sure members understand them, and then hang onto them, “just in case.”

By abfifer | Posted in Christian Lawsuits | Comments (3)

Forgiveness Tested

August 29, 2014 – 12:34 pm

Forgiveness is hard work. Stories of forgiveness inspire me to keep working on “forgive one another.” Here’s one from a good friend, whose name I’ve changed to protect the other party.

Jane attended a small private college about 40 years ago. In her senior year, she became engaged to a young man who had graduated from that college and was an adjunct professor there. Shortly thereafter, Jane’s fiancé became concerned about some college policies and expressed his views to the administration; he was fired. Jane’s mother wrote a letter to the college president in defense of her future son-in-law; the president responded with harsh comments about her character, and declared that Jane was ineligible to graduate from the college. So, with just a few credits to go, Jane had to leave that college without a degree.

A committed follower of Jesus Christ, Jane knew she had to forgive the college president, and over the years, God gave her the grace to do that. Jane says it was in some ways harder to forgive the president for the hurtful comments made to her mother than for what he did to Jane herself. Jane married her fiancé, they moved out of state, and they have enjoyed a happy marriage and fruitful ministry.

But Jane’s forgiveness was tested last month: Jane happened to be flying out of the airport of the city where the college is located, and when she got to her gate, she spotted the college president and his wife waiting to board her plane. After a quick prayer, Jane approached the now-former president, identifying herself as a student who had enjoyed her years at the college. The ex-president and his wife were delighted to talk with her. Their flight got delayed, so the ex-president invited Jane to join them in the airline club, where they continued their pleasant conversation. They parted with hugs all around. Jane never mentioned the non-graduation/libel incident to him, and he evidently never made the connection, that this lady whose company he was enjoying was the one he had deprived of a diploma forty years before.

We can say that we have forgiven someone who hurt us in the past. We can truly believe that we have forgiven that person, especially if we never see them again. But if we do see them again, our decision is tested: did I truly forgive him? And perhaps the real test is when the new encounter is unexpected—Jane didn’t have time to work through the forgiveness process as she sat at the gate trying to decide whether to engage with the college president. She had already done the hard work—her heart was clear.

It would’ve been easy for Jane to have ignored the president—we can think of a million justifications. She says she knew the Holy Spirit was prompting her to engage with him and his wife, so she obeyed, however reluctantly—and she was blessed for her obedience.

There are times when it is right to gently confront the other person with their sin, and part of me wishes that Jane had confronted the ex-president with his foolish, vindictive decision to deny her the diploma she had earned. But the man is elderly now, his presidency long behind him. Correction now won’t help him be a better college president. And bringing up the painful incident could have spoiled the pleasant encounter.

Jane’s behavior humbles me in two ways: First, I’m awed by her ability to forgive this injustice. It was a mean abuse of power, and could have had life-long repercussions for her. Could I have forgiven this? Second, I’m impressed that she walked over to the ex-president in the airport terminal, and engaged him. I can well imagine myself deciding to forego the opportunity—he would never know, and if I’ve already forgiven him, why test it?

Peacemaker Ministries offers four promises that “test” whether we’ve really forgiven someone:

I will not dwell on this incident.
I will not bring up this incident again and use it against you.
I will not allow this incident to stand in the way of my relationship with you.
I will not speak to others about this incident.

My friend Jane passed the test! Could I? Could you?

By abfifer | Posted in Uncategorized | Comments Off on Forgiveness Tested

A Church Conflict Close to Home

June 17, 2014 – 3:00 pm

Another church in Lansing, Michigan, has a conflict big enough to make newspaper headlines. The church – ironically named Friendship Baptist – is in the news again this week after one faction of the church allegedly locked the other faction out of the building they both still share. According to the Lansing State Journal, “The church has been split for years over disputes related to a 2007 update to the church’s constitution and where church funds should be deposited.” Each of the factions is led by a pastor, and the two groups were apparently sharing the building, holding services at different times, until one group accused the other of damaging the building, leading to the lockout.

Conflicts like these are what drove me into Christian conciliation. Christians are called to share the gospel of Jesus Christ, but we undermine our evangelism efforts when we have public disputes like this. What non-Christians would be attracted to this?

Another irony here is that the article says a leader in the mayor’s office has been mediating between the two groups for years. The Apostle Paul, in his first letter to the Corinthians, exhorted Christians to resolve their disputes within the church – i.e.., privately — , rather than in a public forum. We shouldn’t need the help of the mayor’s office—we ought to be ahead of the curve, setting an example to the rest of the world for how to live in peace.

I will be praying that my brothers and sisters at Friendship Baptist church re-discover the true head of their church, Jesus Christ, and call on His power to restore their friendship.

Note: More details on this conflict can be found in a Lansing State Journal article published June 21, 2014. As of September, the conflict is continuing.

 

By abfifer | Posted in Uncategorized | Comments Off on A Church Conflict Close to Home

Four Words That Are Better Than Three

May 29, 2014 – 7:27 am

“I love you.” The three little words that everyone wants to hear, that we don’t say often enough, that comprise one of the most powerful things we can say to someone.

But it occurs to me there’s an even more powerful, meaningful sentence: “I still love you.” These four words connote a lot that may be missing from a simple “I love you.” The three-word sentence could be spoken out of infatuation, excitement, even hopefulness.

But the four-word version says a lot more: it implies full knowledge, forgiveness, commitment.

It’s the message of God to us, over and over in the Bible. And it’s one of the most moving things we can hear from—or say to–another person.

Today is my 19th wedding anniversary. I still love him—and, to my astonishment and delight, he still loves me.

By abfifer | Posted in Uncategorized | Comments Off on Four Words That Are Better Than Three