So Strong; yet so calm: Mary's Choice.

Friday, June 20, 2014

Arbitration - The Institute for Christian Conciliation

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

 The biblical basis for arbitration is 1 Corinthians 6:1-8.
Arbitration is governed by Rules 25 through 42 of The Rules of Procedure for Christian Conciliation.
 Arbitration is a formal process that allows the parties to present evidence (their story) to the arbitrator(s), who decide the issue(s) based on the information provided by the parties and their desired outcomes, and by applying state, federal, or local laws, with the Holy Scriptures (the Bible) being the supreme authority (Rule 4). Arbitration decisions are legally binding and can be enforced as a judgment of a civil court.
Another difference is that arbitration deals primarily with substantive issues; that is, it establishes facts and determines rights and responsibilities. To put it another way, while arbitration determines what people must do as a matter of law, mediation helps them to see what they should do as a matter of conscience. (After an arbitration decision has been issued, the arbitrators may address behavior and attitudes they observed in the parties during the conciliation process.)

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

No comments: