Rules of Procedure for Christian Conciliation
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The Guidelines for Christian Conciliation (and hence,
these Rules) are designed to provide an introduction and procedural framework
for biblical mediation and arbitration, otherwise known as Christian
conciliation. (If you are unfamiliar with Christian conciliation, we suggest
that you read Frequently
Asked Questions Regarding Christian Conciliation before you read these
Rules. These questions and answers provide an overview of the conciliation
process and will enable you to understand these Rules more readily.) The concepts and rules set forth on these pages may be
used by anyone who is assisting others in resolving a conflict. Model Case
Forms and other resources designed to facilitate Christian conciliation are
available for purchase by contacting our Resource Department. You may also
contact us to request free information on conflict resolution resources for
church leaders, adults, and children. IMPORTANT NOTICE 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, the
Institute for Christian Conciliation (a division of Peacemaker Ministries)
has no control over persons or organizations that use these conciliation
procedures outside of its 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. A. General Rules 1. Purpose 2. Use of Rules and Name of Administrator 3. Definitions and Rules of Construction 4. Application of Law 5. Commencing Conciliation 6. Involvement of Insurer 7. Withdrawal 8. Selecting an Administrator 9. Fees and Costs 10. Appointment of Conciliators 11. Replacement of Conciliators 12. Time and Place of Conciliation Meetings 13. Right to Legal Counsel 14. Evidence in Conciliation 15. Decisions by Majority 16. Confidentiality 17. Church Involvement 18. Waiver of Right to Object 19. Interpretation and Application of Rules 20. Exclusion from Liability B. Mediation Rules 21. Individual Meetings and Caucuses during Mediation 22. Mediation Proceedings 23. Written Record of Agreement 24. Transition from Mediation to Arbitration C. Arbitration Rules 25. Description of Issues and Remedies 26. Approval of Panel 27. Oaths or Vows 28. Pre-hearing Conferences and Preliminary Hearing 29. Temporary Relief 30. Discovery and Distribution of Documents 31. Notice of Arbitration Meetings 32. Delivery and Notice 33. Communication with Arbitrators 34. Arbitration Proceedings 35. Record of Proceedings 36. Evidence in Arbitration 37. Arbitration in the Absence of a Party 38. Legal or Scriptural Briefs 39. Reopening of Hearings 40. Decisions 41. Request for Reconsideration 42. Conflict of Rules A. GENERAL RULES 1. Purpose The purpose of Christian conciliation is to glorify God by
helping people to resolve disputes in a conciliatory rather than an
adversarial manner. In addition to facilitating the resolution of substantive
issues, Christian conciliation seeks to reconcile those who have been
alienated by conflict and to help them learn how to change their attitudes
and behavior to avoid similar conflicts in the future. These Rules shall be
interpreted and applied in a manner consistent with this purpose. 2. Use of Rules and Name of Administrator These Rules may be used by the Institute for Christian
Conciliation™, a local Christian conciliation ministry, a church, or any
other organization or person who wishes to help parties resolve conflicts
pursuant to these Rules. Any such organization or person to whom parties
submit a dispute shall be referred to as "the Administrator"
throughout these Rules. 3. Definitions and Rules of Construction A. Administrator refers to any individual or
organization that provides or facilitates Christian conciliation services
pursuant to these Rules. When referring to an organization, Administrator
includes any staff, directors, volunteers, or conciliators who serve on
behalf of the organization. B. Conciliation is the voluntary submission of a
dispute for biblically-based conflict counseling/coaching, mediation,
arbitration, or mediation/arbitration. C. Conciliator refers to a conflict coach, 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 the initial contact with the Administrator through the
conclusion of mediation, arbitration, or other contact with the
Administrator. G. Mediation utilizes one or more neutral
intermediaries who assist the parties in arriving at their own voluntary and
mutually satisfactory resolution. Mediators may 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
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 both 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 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. Conciliators shall take into consideration any state,
federal, or local laws 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. 5. 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 in private 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 biblical counseling/coaching or written resources
designed to facilitate a private resolution. C. The Administrator may require a person to sign an
agreement not to use in a court of law any information acquired through
conciliation; 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. E. 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 a mediation/arbitration or arbitration agreement is signed by all
parties, no new or different claim may be submitted without the approval of
either the arbitrators or the Administrator. F. The Rules of Procedure for Christian Conciliation in
effect when conciliation is initiated shall apply. G. If legal action is pending at the time conciliation is
commenced, the Administrator may require that the parties take steps to stay
or postpone proceedings pending the conclusion of conciliation. H. If a party believes that property or rights may be
irreparably harmed by delay, he or she may request temporary (injunctive)
relief or action (see Rule 29). 6. Involvement of Insurer If a dispute or claim submitted to conciliation involves
an alleged injury or damage 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. 7. 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 organization 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. 8. 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 the
Institute for Christian Conciliation), the Institute for Christian
Conciliation shall have the power to determine the Administrator, and its
decision shall be final and binding. If the Institute for Christian
Conciliation is a party to a dispute, the Administrator shall be the
Christian Legal Society. 9. 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 expense of any witness produced by either side shall be paid by the party
producing such a witness unless determined otherwise by the arbitrators. E. All fees and costs incurred by the Administrator shall
be shared equally by the parties unless agreed otherwise in a fee agreement
or determined otherwise by the arbitrators (see Rule 40C). F. If the Institute for Christian Conciliation administers
a dispute submitted to conciliation pursuant to a conciliation clause in a
contract, the Institute for Christian Conciliation Fees and Costs schedule in
effect when conciliation is initiated shall apply. If paid conciliators are
appointed for the case, the Administrator shall set their rate of
compensation. 10. 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 Institute for Christian Conciliations's Standard of Conduct for Christian
Conciliators. 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 conciliators were
approved by the parties. 11. 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, and its 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. 12. Time and 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. 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 and any attorneys serving on
behalf of the Administrator 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 attorney. If
a party desires legal advice, he or she should consult with his or her own
independent attorney, especially concerning a question about the statute of
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 an attorney, the Administrator may contact the attorney to discuss
the case and invite his or her cooperation 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 an attorney present at a
conciliation meeting. Such notice shall include the name and address of the
attorney. If other parties will not have attorneys present with them during
mediation meetings, the Administrator may exclude all attorneys from
mediation meetings. If necessary to fulfill the purpose of Christian
conciliation (see Rule 1), the Administrator may disqualify an attorney from
participating in conciliation, provided his or her client is given reasonable
time to secure another attorney. E. During mediation, attorneys shall serve only as
advisors to their clients, and the clients will be expected to speak for
themselves as much as possible. During arbitration, attorneys may represent
and speak for their clients. Attorneys will be expected to respect the
conciliatory nature of the process and avoid unnecessary advocacy. F. No attorney who has served as a conciliator shall
represent any party in a subsequent legal proceeding concerning the matter
that was presented for conciliation, nor may such an attorney use in other
proceedings any information that was obtained during 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. B. The parties may offer any evidence that they consider to be 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. Conciliators authorized by law to subpoena witnesses or
documents may do so independently or upon the request of any party. D. 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. E. The conciliators may receive and consider the evidence
of witnesses by deposition or affidavit, and may make a personal inspection
or investigation of relevant premises or objects. 15. Decisions by Majority If there is more than one conciliator, the decision of any
matter shall be decided by majority vote of the conciliators. A. Because of its biblical nature, Christian conciliation
encourages parties to openly and candidly admit their offenses in a
particular dispute. Thus, conciliation requires an environment where parties
may speak freely, without fear that their words may be used against them in a
subsequent legal proceeding. Moreover, because conciliation is expressly
designed to keep parties out of court, conciliators serving on behalf of the
Administrator would not do so if they believed that any party might later try
to force them to testify in any legal proceeding regarding a conciliation
case. Therefore, all communications that take place during the conciliation
process shall be treated as settlement negotiations and shall be strictly
confidential and inadmissible for any purpose in a court of law, except as
provided in this Rule. B. This Rule extends to all oral and written
communications made by the parties or by the Administrator, and includes all
records, reports, letters, notes, and other documents received or produced by
the Administrator as part of the conciliation process, except for those
documents that existed prior to the conciliation process and were otherwise
open to discovery apart from the conciliation process. The parties may not
compel the Administrator to divulge any documents or to testify in regard to
the conciliation process in any judicial or adversarial proceeding, whether
by personal testimony, deposition, written interrogatory, or sworn affidavit. C. Mediated settlement agreements reached by the parties
and arbitration decisions shall be confidential, except as provided in Rule
17, unless the parties agree otherwise in writing, or unless an agreement or
decision must be filed with a civil court for purposes of enforcement. If an
arbitration decision is contested or appealed pursuant to statute, the
Administrator, upon written request from a party, shall furnish to such
party, at the party's expense, copies of the conciliation agreement and the
arbitration decision. D. The Administrator may divulge appropriate and necessary
information under the following circumstances, and the parties agree to waive
confidentiality and hold the Administrator harmless for doing so: (1) when,
as part of its normal office operations, the Administrator consults with its
staff members or outside experts regarding particular issues or problems
related to a case; (2) when compelled by statute or by a court of law; (3)
when an arbitration agreement or decision has been contested or appealed; (4)
when an action has been brought against the Administrator as a result of its
participation in a conciliation case; (5) when the Administrator deems it
appropriate to discuss a case with the church leaders of parties who profess
to be Christians; and (6) when the Administrator deems it necessary to
contact appropriate civil authorities to prevent another person from being
harmed. E. In spite of these confidentiality protections, some of
the information discussed during conciliation may not be confidential as a
matter of law or may be discoverable outside the conciliation process and
used in other legal proceedings, and the Administrator shall have no
liability therefore. Unless agreed otherwise, the Administrator and the
conciliators may discuss a case with the church leaders of parties who
profess to be Christians. If a party who professes to be a Christian is
unwilling to cooperate with the conciliation process or refuses to abide by
an agreement reached during mediation, an advisory opinion, or an arbitration
decision, the Administrator or the other parties may report the matter to the
leaders of that person's church and request that they actively participate in
resolving the dispute. If a church chooses to become actively involved, it
may, at its discretion, review what has transpired during conciliation,
obtain such additional information as it deems to be helpful, and take
whatever steps it deems necessary to facilitate reconciliation and promote a
biblical resolution of the dispute (see Matt. 18:15-20). The Administrator
may disclose to the church any information that may have a bearing on its
investigation or deliberations. 18. Waiver of Right to Object Any party who proceeds with a conciliation meeting after
learning that any provision of these Rules has not been complied with, or who
fails to object in writing within three days of learning that any provision
of these Rules has not been complied with outside of a conciliation meeting,
shall be deemed to have waived the right to object. 19. Interpretation and Application of Rules The conciliators shall interpret and apply these Rules
insofar as they relate to the conciliators' powers and duties. The
Administrator shall interpret and apply all other Rules and resolve all other
issues and questions pertinent to the conciliation process. 20. Exclusion from Liability The parties agree that the Institute for Christian
Conciliation, the Administrator, and the conciliators shall be immune from
any liability for any acts or omissions that occur during the conciliation
process. 21. Individual Meetings and Caucuses during Mediation A. Prior to an initial mediation meeting, the
Administrator or the mediators may communicate privately with any of the
parties to obtain an overview of the dispute, to assess the party's attitudes
and needs, to teach relevant biblical principles, and to assign homework that
will facilitate the mediation process. B. The mediators may also meet separately (caucus) with
any party during the course of mediation to discuss that party's attitudes,
conduct, and responsibilities, or to discuss possible solutions to the
dispute. As much as possible, the discussion during a caucus shall focus on
the party who is present rather than on the absent party. C. The mediators may eventually discuss with the other
parties any information that is obtained during an individual meeting or a
caucus. 22. Mediation Proceedings A mediation meeting will normally include: (1) an
introduction and opening prayer; (2) statements by each party clarifying the
issues involved; (3) the presentation of each party's claims, defenses, and
witnesses, as well as an opportunity for the other party to respond; (4)
questioning by the mediators; (5) a discussion, sometimes in private at
first, of each party's responsibility for the dispute; (6) counsel involving
the application of relevant biblical principles; (7) a discussion of
appropriate solutions to the dispute; (8) agreement on a solution; and (9)
closing comments and prayer. If the parties are unable to reach a voluntary
agreement, the conciliators may meet in private for discussion, Bible study,
and prayer, and then issue an advisory (non-binding) opinion as to what each
party should do to resolve the dispute and facilitate reconciliation. 23. Written Record of Agreement The mediators shall prepare a written record of any
agreement reached by the parties during mediation. That agreement shall be
legally binding if, and only if, the parties or their attorneys reduce it to
a contract or stipulation that is signed by all parties. 24. Transition from Mediation to Arbitration A. If any issues in a dispute submitted to mediation have
not been resolved through mediation or church involvement, the parties may either quit the conciliation process and pursue other
remedies, or, by unanimous agreement, they may submit the unresolved issues
to arbitration pursuant to this Rule. B. If any issues in a dispute submitted to mediation/arbitration
have not been resolved through mediation or church involvement, the parties
are obligated to proceed to arbitration. This transition shall take place
when either a majority of the mediators or all of the parties agree that
neither mediation nor church involvement is likely to resolve the outstanding
issues of the dispute. C. If a dispute is submitted to mediation/arbitration
pursuant to a conciliation clause in a contract, either party may request
that the dispute move immediately into arbitration. Such a request shall be
granted by the Administrator if the Administrator concludes that immediate
arbitration is likely to provide a more timely and beneficial resolution to
the dispute. D. When a transition pursuant to this Rule occurs, an
entirely new panel of arbitrators shall be appointed pursuant to Rule 10,
unless the parties agree otherwise. By unanimous written agreement, either
before or after the mediation stage, the parties may agree to use the same
conciliators in both mediation and arbitration. By such unanimous agreement,
the parties agree that the arbitrators may consider any information they
received during mediation as though it were received during arbitration, in
full compliance with the Arbitration Rules. E. Whenever mediators are authorized to act as arbitrators
pursuant to this Rule, the parties, after signing the appropriate documents,
may either: (1) summarize the information that was received during mediation,
make closing statements, and then rest their cases; or (2) proceed to offer
new information pursuant to the Arbitration Rules. F. Whenever new arbitrators are appointed pursuant to this
Rule, the arbitrators may not call the previous mediators as witnesses
without the unanimous agreement of the parties and the mediators. 25. Description of Issues and Remedies At the outset of arbitration, the parties shall describe
the issues and desired remedies that they wish the arbitrators to consider.
The arbitrators shall consider only those issues that are consistent with the
parties' original arbitration or mediation/arbitration agreement, or which
are contemplated by an earlier contract between the parties that contains a
conciliation clause. 26. Approval of Panel At the outset of arbitration, the parties shall sign forms
approving the appointment of the arbitrators. If the parties refuse or are
unable to agree on arbitrators, arbitrators shall be appointed pursuant to
Rule 10. 27. Oaths or Vows Before proceeding with arbitration, each arbitrator may
take an oath or vow of office. The arbitrators have discretion to require
parties or witnesses to testify under oath or vow, provided that making an
oath or vow does not violate the person's sincerely held religious beliefs.
Oaths or vows may be administered by the arbitrators. 28. Pre-hearing Conferences and Preliminary Hearings A. At the request of the parties or at the discretion of
the Administrator, a preliminary conference with a case administrator and the
parties may be scheduled to arrange for an exchange of information and the
stipulation of uncontested facts to expedite the arbitration proceedings. B. In large or complex cases, at the discretion of the
arbitrators or the Administrator, a preliminary hearing may be scheduled with
the arbitrators and the parties to arrange for the production of relevant
evidence, to identify potential witnesses, to schedule further hearings, and
to consider other matters that will expedite the arbitration proceedings. 29. Temporary Relief A. A party may request immediate temporary relief (e.g.,
temporary restraining order, preliminary injunction) to safeguard property or
rights that are subject to a contract clause or agreement that requires
arbitration or mediation/arbitration under these rules. Such extraordinary
relief will not be granted unless the moving party has demonstrated, by a
clear showing: (1) a substantial likelihood of prevailing on the merits; (2)
a substantial threat of irreparable harm if the temporary relief is not
granted; (3) that the threatened injury outweighs any harm that may result to
the non-movant from an injunction or other relief;
and (4) that the temporary relief will not undermine public interests. B. Temporary relief may be granted at any stage of the
conciliation process and shall be fashioned so as not to substantially
prejudice the rights of the parties or the final determination of the
dispute. C. Matters of temporary relief shall be decided by the
arbitrators, or, if they are not yet appointed, by temporary arbitrators appointed
by the Administrator. If an Administrator has not yet been appointed, the
Institute for Christian Conciliation shall serve as Administrator for
purposes of this rule. D. A request for temporary relief is subject to Rule 40C. E. Decisions regarding temporary relief may be entered in
any court otherwise having jurisdiction. 30. Discovery and Distribution of Documents Reasonable discovery (including oral depositions, written
interrogatories, and production of documents) may be allowed to identify issues,
relevant evidence, and names of witnesses. If the parties cannot agree on the
scope of discovery or allocation of costs, the issue shall be submitted to
the arbitrators for a decision, which shall be final and binding. The
Administrator or the arbitrators may require the parties, at their own
expense, to deliver to the Administrator and to the other parties copies of
the documents they plan to introduce and a list of the witnesses they plan to
call. 31. Notice of Arbitration Meetings The Administrator or the lead arbitrator shall give
parties at least five (5) days written notice of the time, place, and
conditions of any arbitration meeting, unless the parties agree to modify or
waive such notice. It shall be the parties' responsibility to notify their witnesses
of the time and place of all arbitration meetings. 32. Delivery and Notice All documents shall be delivered in person, by facsimile
transmission (fax), by United States mail, or by private carrier to the last
known address of the parties as given to the Administrator. Notice and other
documents shall be considered to have been received on the day they are
personally received or transmitted by fax, or on the day after they were
postmarked, whichever is earlier. 33. Communication with Arbitrators There shall be no direct communication from the parties to
an arbitrator other than at joint hearings. Any other oral or written
communications from the parties to the arbitrators shall be directed to the
Administrator for transmittal to the arbitrators and all other parties. 34. Arbitration Proceedings A. Arbitration proceedings shall be conducted according to
the same format as mediation proceedings (see Rule 22), except as limited by
these Arbitration Rules. B. The arbitrator shall have the power to rule on his or
her own jurisdiction, including any objections with respect to the existence,
scope or validity of the arbitration agreement. A party may object to the
jurisdiction of the arbitrator or to the arbitrability
of a claim. The arbitrator may rule on such objections as a preliminary
matter or as a part of the final award. 35. Record of Proceedings Any party wishing a stenographic record of an arbitration
meeting shall make arrangements directly with a stenographer and shall notify
the other parties of such arrangements in advance of the meeting. The
requesting party or parties shall pay the cost of such record and shall
provide the Administrator with a copy, and make copies of the record
available to all other parties for the cost of reproduction. A stenographic
record is subject to the limitations of Rule 16, and may be used only for
appealing an arbitration decision. Video and audio recordings of meetings may
be made only with the written consent of all parties and the Administrator. Subject to the provisions of Rules 14 and 24(D), all
evidence used in arbitration shall be taken in the presence of all of the
arbitrators and all of the parties, except where any of the parties has waived
the right to be present or when arbitration proceeds pursuant to Rule 37. 37. Arbitration in the Absence of a Party Unless the law provides to the contrary, arbitration may
proceed in the absence of any party who, after due notice, fails to be present
or fails to obtain an adjournment. A decision shall not be made solely
because of the default of a party. The arbitrators shall require the party
who is present to submit such evidence as the arbitrators may require for the
making of a decision. The arbitrators may, but need not, allow the absent
party an opportunity to appear at a subsequent hearing attended by all
parties. 38. Legal or Scriptural Briefs The arbitrators may request or consider briefs or position
papers that set forth the parties' understandings of the legal, factual, or
scriptural issues. The arbitrators may reopen a case for good cause at any
time before a final decision is rendered. 40. Decisions A. The arbitrators shall render a written decision
(award). Whenever possible, it shall be issued within thirty (30) days after
the closing of the final hearing. B. The arbitrators may grant any remedy or relief that
they deem scriptural, just and equitable, and within the scope of the
agreement of the parties, including, but not limited to, specific performance
of a contract. In making their decision, the arbitrators shall consider, but
are not limited by, the remedies requested by the parties. C. The arbitrators may grant to the Administrator any
fees, costs, and expenses, including attorneys fees, that are due to the
Administrator under the Arbitration Agreement or the Fees and Costs
Agreement, or that are reasonably incurred as a result of the conciliation
process. The arbitrators may also grant to any party any reasonable fees,
costs, and expenses related to the resolution of a dispute, including
attorney fees. Grounds for such a decision may include but are not limited
to: (1) when another party unreasonably refused to settle a dispute and
unnecessarily increased the costs of resolving the matter; or (2) when a
party necessarily incurred significantly higher costs than another party,
such as travel expenses, in order to participate in conciliation. A grant of
fees, costs, and expenses may be made only after all parties who may be
affected by the decision have had a reasonable opportunity to comment on the
proposed decision. D. The arbitrators may, but need not, inform the parties
of the reasoning by which the decision was reached. E. The arbitrators' decision shall be legally binding on
the parties, except as provided by law, and may be filed as a judgment and
enforced by a court of law. It shall be the sole responsibility of the
parties to file a decision with the court and, if necessary, to have it
enforced. F. If the parties settle their dispute during the course
of arbitration, the arbitrators may set forth the terms of the agreed
settlement in a decision. G. The arbitration decision is final and cannot be
reconsidered or appealed except as provided by Rule 41 and/or civil law. 41. Request for Reconsideration A. A party may submit a request to the Administrator for
reconsideration of a decision within twenty (20) calendar days after the day
the decision was received by the parties. B. A request for reconsideration will not be considered if
it simply asks the arbitrators to review the evidence and change their
decision. C. A request for reconsideration is appropriate only when
the arbitrators (1) have deviated from these rules or from the arbitration
agreement; (2) have patently misunderstood a party; (3) have failed to
address an issue or have made a decision outside the issues presented to the
arbitrators by the parties; or (4) have made a miscalculation or a mistake of
identification. D. The request, which must be sent to the Administrator
and to the other parties, shall set forth in writing the reasons for which
reconsideration is sought, including a specific statement of the claimed
mistake, prejudice, or harm. E. If the request is granted by the arbitrators, they shall
define the issues that are being reconsidered and allow each party to submit
whatever supplementary information is deemed appropriate. If the request is
denied, the requesting party will be responsible for paying any expenses or
fees incurred by the Administrator or by the arbitrators as a result of the
request. 42. Conflict of Rules Should these Rules vary from state or federal arbitration
statutes, these Rules shall control except where the state or federal rules
specifically indicate that they may not be superseded. Adapted from Guidelines for Christian Conciliation, ver 4.5 (2004) |