THE ORIGINAL WAY WAS/IS A BETTER WAY
(Alternate Dispute Resolution)
Jerry C. Dyer
"One reason our courts have become overburdened is that Americans are increasingly turning to the courts for relief from a range of personal distresses and anxieties. Remedies for personal wrongs that once were considered the responsibility of institutions other than the courts are now boldly asserted as legal ‘entitlements.’ The courts have been expected to fill the void created by the decline of CHURCH (caps mine..jcd), family and neighborhood unity. Probably the increased litigiousness that court dockets reflect simply mirrors what is happening worldwide." (Chief Justice Warren Burger, Isn’t There a Better Way?, ABA Journal, The Lawyer’s Magazine, March 1982, pp.274-275 (1982) )
" Family law was an early arena for application of mediation. Even in the 19th Century, mediation was sometimes provided by CHURCHES (caps mine jcd), schools, and community groups in situations of family break-up." (Murrary, Rau, and Sherman, pg. 296, 1996)
Keeping in touch with my heading, The Original Way is the Better Way; I could not agree more with Justice Burger and Murray’s statements above. McThenia & Shaffer add a rational for such a statement. "The religious tradition seeks not resolution ( I would add, not just resolution )but reconciliation of brother to brother, sister to sister, sister to brother, child to parent, defendant to plaintiff and judge to both." ( McThenia & Shaffer, For Reconciliation, 94 Yale Law Journal, 1660 (1985).
Smith adds a voice to the rational for a better way. " Therapy and catharsis, rather than an attempt to arrive at some ‘truth’, becomes the goal of dispute settlement" (Smith, A Warmer Way of Disputing: Mediation and Conciliation, 26 Am.J.Comp.L. (Supp.) 205 (1978)
Believing these things to be true and the better way; this paper will deal with some of the need for a Restoration of ADR instruction and philosophy from the scriptures. From the beginning; I want to say that there is and will always be a need for our judicial system as it is today (of course with further modification) (Romans 13:1-7). Neither this paper nor anything I say otherwise should be interpreted to say that I am for dismantling that system. However, there are many voices, internal and outside the judicial system from top to bottom who are voicing concerns and subsequent solutions that would put much of the "conflict problem solving" back into the CHURCHES, communities and families. I am one of those voices who reflects much of the thinking that many of our litigators, law schools, legislators, justices have been saying and practicing for the last few years.
This paper is a small attempt to view the attitude toward conflict in the scriptures and the references that precipitate that attitude.
"Do not repay anyone evil for evil. Be careful to do what is right in the sight of everybody. If it is possible, as far as it depends on you, live at peace with everyone." (Romans 12:17-18)
Scripture puts the responsibility of peace at the door of those who are adherents to its beliefs. Jesus gave a special blessing to those who are peacemakers " Blessed are the PEACEMAKERS for they will be called children of God." (Matthew 5:9). The scriptures are copious with instructions to be "peacemakers". Deity is concerned with giving us an ideal. Yet, Deity is also aware that we are mortal humans beings living among humans with mortal frailties. Therefore scripture is lavish with instruction on how to interact with our fellow humans on this "ball of dirt" we share.
Believing these things to be true; we would expect instruction(s) in ADR processes. We would expect to have instructions of how to cope and function when our fellow human beings and we have conflicts. To add to the drama of conflict; God, wanting us to be in fellowship with Him, suggests in many scriptures that our fellowship with Him is contingent upon our fellowship with our fellow humans. One cannot become so "other-worldly" that we check out of human interactions for fellowship only with Deity or those with whom we have all things in common. The attitude and philosophy of life that says "I can get along with God but I give up on the rest of His humans creatures" is out of harmony with Deity’s wishes. Although Deity has much to say on this subject; it is never more direct than a verse found in I John 4:20-21 "If anyone says, ‘I love God,’ yet hates his brother, he is a liar. For everyone who does not love His brother, whom he has seen, cannot love God whom he has not seen." "OK, I’ll love and fellowship my fellow ‘brother’ but do I have to get along with the uninitiated…those not of OUR fellowship?" It seems that Deity had anticipated that question when these words were penned. "
" I have written you in my letter not to associate with sexually immoral people…not at all meaning the people of this world who are immoral, or the greedy and swindlers, or idolaters. In that case you would have to leave this world. But now I am writing that you must not associate with anyone who calls himself a BROTHER but is sexually immoral or greedy, an idolater or a slanderer, a drunkard or a swindler. With such a man do not even eat. What business is it of mine to judge those outside the church?" (I Corinthians 5:9-12)
It doesn’t take a great deal of interpretation to see that Deity expects us to interact and socialize even with those with whom we don’t share many practices that impair the human body, relationships and our spirits. The fact is that the only time we are not allowed to fellowship with fellow humans is when those fellow humans are also fellow BROTHERS and not living up to a standard they volunteered to follow. (More about this later when we look at an ADR response, from the scriptures, toward those who will not response to a Conflict Resolution.)
The preceding discussion gives us enough to know this: (1) Deity expects us to do what is right whether or not others do. (2) Recognize the philosophy of peace making puts us in conflict with others who do not subscribe to or seek peace with all man-kind. (3) We are not allowed to interact JUST with those of our "group" and shun those who have not received the same orientation.
As we introduce ADR in the scriptures; we will see that Deity has a large ADR (Alternate "diverse" ways to Resolves Disputes) "arsenal." Included in that arsenal are the following:
Although we will not be able to be exhaustive on any of these ADR methods; we will introduce and discuss some of Deity’s various ways to resolve conflict with fellow humans whether they are the initiated or uninitiated.
OUTLINE:
THE DNA TO SUCCESSFUL ADR
The DNA (building block) of the success in Biblical ADR is understanding and applying an intrinsic value to the other party with whom we have conflict.
It seems that many, believing they consider others valuable, have in fact assigned an instrumental value to that individual without recognizing that individual’s intrinsic (innate, root, basic, Deity granted) value.
God’s word’s to and about historical and present care, interest, and us witnesses to the value He has placed on each of us. The message from the messenger sent from God was/is that all people (all periods) were/are important because of their unique spiritually genetic origin (i.e. created in His image…Genesis 1:26). I am valuable because of who I am not because of my beauty, possessions, achievements, social standing etc. God’s message is: (1) I love you just as you are (2) without approving of everything you are (3) in view of helping you grow into what you need to be.
I would suggest that all of us have difficulty in valuing people. Valuing people for who they are rather than what they can supply will be a lifelong struggle. None of us would affirm that having objectives is wrong. However it is possible for churches who have well-defined and firmly held objectives to value those who help them reach those goals above those who are not presently able or equipped to do so (e.g., Is the faithful servant, who is presently incapacitated, just as valuable in the sight of Deity as she ever was?. All would answer YES…however, the reality is we may practice otherwise) When that kind of "value inversion" is accepted; we make objectives as the root value and people important only in terms of their usefulness to those objectives.
Point: Underlying all successful conflict management and conflict resolution in the church we must recognize the intrinsic value of the person of those with whom we are in conflict. It is my firm belief that much initial conflict is escalated, exauserbated, and complicated by our inability to value the person of those with whom we are in conflict. Our "cause" or "truth" or "principle" or "agenda" is valued above the person with whom we disagree. Consequently the root value is assigned to the project, program etc. rather than the person with whom we have conflict.
Jesus faced this same value shift in His day. While Jesus understood God and human persons to be root values; He recognized God’s law as having instrumental value. In other words; the value of God’s law was in 1) its power to enrich and enhance the lives of person and in 2) its power to reconcile the broken relationship between God and human beings. However, by the time Jesus arrived on the scene, these values had been so inverted that God’s law was actually being used to hurt people. God’s law was seen by the religious leaders of His day and by some today as having intrinsic value and people were instrumental to it. He constantly opposed this shift. One of those occasions was when religious leaders placed an intrinsic value on the Sabbath.
" Now it happened that He went through the grain fields on the Sabbath; and as they went His disciples began to pluck the heads of grain. And the Pharisees said to Him, ‘Look, why do they do what is not lawful on the Sabbath?’ But He said to them, ‘Have you not read what David did when he was in need and hungry, he and those with him: how he went into the house of God in the days of Abiathar the high priest, and ate the showbread, which is not lawful to eat, except for the priests, and also gave some to those who were with him?’ And He said to them, The Sabbath was made for man, and not man for the Sabbath." (Mark 2:23-27)
The Pharisees and other religious leaders of the first century were guilty of devaluing persons. They were teaching truth as a root value and making people important only in terms of their usefulness to it. That kind of value inversion could make programs, traditions, seating arrangements even buildings more valuable than people. The results of "value inversion" can be devastating to the our conflictual interaction with others.
God’s word is replete with instruction to "consider not just our own interest but the interest of others also " (Phil. 2:3-4) "in everything do to others what you would have them to do to you."( Mt 7:12). When we realize the intrinsic value that God placed on all people for all times and the volumes of instruction on considering others in EVERYTHING (surely everything would include conflict); we have to admit that God wants us to consider our "adversary" as valuable as we and conduct ourselves in a "God-like" manner and attitude as we engage in conflict. If we are to love our enemies (i.e. seek what is best for them…Matthew 5:44) and we must; we are to love all with whom we have conflict. The DNA (building block) to successful ADR is a responsibility to value the "other party" as we seek solutions to our conflict in any Dispute Resolution forum. I lose even if I win when I put a value on any person that resembles anything other than an intrinsic value. Although the conflict may be severe; I must leave the other end of the tunnel of conflict with the feeling that my "opponent" is just as valuable to our creator as I am.
Peace is not the absence of conflict. Peace is that state when we can deal with conflict in a way that is effective, efficient and respectful of the relationships involved.
CHURCHES ARE TO BE AT PEACE AND AMBASSADORS OF PEACE
"Therefore, if anyone is in Christ, he is a new creation; old things have passed away; behold, all things have become new. Now all things are of God, who has RECONCILED us to Himself through Jesus Christ, and has GIVEN US THE MINISTRY OF RECONCILIATION, that is, that God was in Christ RECONCILING the world to Himself, not imputing their trespasses to them, and HAS COMMITTED TO US THE WORD OF RECONCILIATION. Now then, we are ambassadors for Christ, as though God were pleading through us: we implore you on Christ’s behalf, be RECONCILED to God…" ( 2 Corinthians 5:17-20).
Three things sparkle from this passage to any member of the body of Christ. (1) The recognition of our reconciliation. (2) Our call to work at leading separated parties back together (reconciliation). (3) To accept the challenge of reconciliation, i.e. bring others into harmony with God and each other.
A ministry of that magnitude is eclectic in its scope: THIS MINISTRY:
The focal point of this service is a world in conflict. There is tremendous violence in our schools, streets, family's etc. that increases each year. Our families are more separated than any previous generation. The church is fraught with divisions. Conflicts with family members, in-laws, extended families seems to be of epidemic proportions.
" And again He entered Capernaum after some days, and it was heard that He was in the house. Immediately many gathered together, so that there was no longer room to receive them, not even near the door. And He preached the word to them. Then they came to Him, bringing a paralytic who was carried by four men. And when they could not come near Him because of the crowd, they uncovered the roof where He was. So when they had broken through, they let down the bed on which the paralytic was lying. When Jesus saw their faith, He said to the paralytic, "Son, your sins are forgiven you."(Mark 2:1-5)
(Heading borrowed from Randy Lowrey-Strauss Institute of Dispute Resolution - Pepperdine University School of Law)
These four men took their paralyzed friend to the one who could reconcile his body. They did whatever was necessary to get their friend to the reconciler. This ministry demands that I leave my ego at the door and allow any successes to be laid on the heads of the recipients rather than the mediator. I bear the stretcher for those wounded in conflict and hope they will revel in THEIR collaborative agreement with the other party.
Our ministry is intended to eliminate the noise so people can encounter themselves and each other in an environment where a cessation of the conflict, a resolution to the problem and a reconciliation or enhancement of the relationship can occur.
This noble commitment must ignite the fires to precipitate action.
"A new commandment I give you; Love one another. As I have loved you, so you must love one another. All men will know that you are my disciples if you love one another." ( John 13:34-35)
There is nothing more beautiful than a congregation who loves like Jesus asked us to love. The call of God to us is a call to replicate His love and message of reconciliation in and to the world. First He sent His son to create the environment and achieve reconciliation. Now he works through us to make it known. His mission is our prototype. "As you sent me into the world, I have sent them into the world." (John 17:18)
Next time you get on an airplane; stick your head into the cockpit on your way to the seat and ask this question: "Captain, could you tell me whether the right or the left wing is the most important wing on this airplane?" If he dignifies your question he will say something like this. We can’t get the plane off the ground, much less, fly it without both wings. In a similar fashion; Jesus teaches that it takes two wings to get the message of reconciliation out to a world in conflict. Its kinda like what we learned in kindergarten…show and tell. Somehow I get the message if I can see you living what you are telling me. My life and my lip must be integrated in order to have a positive impact on a conflicted world. Or as Jesus put it, "all men will know you are my disciples, if you have love one for another." The message is very anemic without both "wings" on the plane…i.e. a life that sings the same tune as the message. He expects us to be a visual aid to reveal God’s message of reconciliation. He doesn’t want us to JUST talk about love. He wants us to love the initiated and the uninitiated and become a friend to each. He doesn’t want us to just "preach" the necessity of justice, He wants us involved in the human drama in a redemptive way. He could have sent faxes, Email etc. but he chose to involve us and He considers us more important than tracts, papers and techniques to mediate changes in a conflicted world.
The world needs a visual aid that is really good news…that really works. People need to see someone who shares something that addresses itself to the deepest needs, desires and motives of the human heart. If the beauty of the truth in love is not taken seriously by the body…the cause and influence the church has to be an agent for reconciliation is ultimately futile. Unfortunately, up to this point, many, perhaps most, churches have focused on teaching the individual how to say the right words. Very few have zeroed in on teaching people that good news is taught and caught by people who see a lifestyle rather than an event in the life of a Christian. God’s beautifully appealing bride is not a person but people in relationship. Our love for each other will open doors to share the message of reconciliation out of conflict. A love like that will inspire inspection. We are living letters and will be read by others. "You are our letters written in our hearts, known and read by all men, you are…a letter of Christ." (2 Corinthians 3:23).
DIVERENGE OF ADR IN THE NEW TESTAMENT
As I mentioned earlier the Bible has a tremendous Arsenal of ADR. This paper will look the following:
It is note worthy to mention that this paper mainly addresses New Testament methods of ADR. It is my desire, at a future date, to exhaustively address ADR in the Old Testament. Much of the ADR discussed in the Old Testament is the same as the New Testament. However there is a profound difference between the ways and means of God’s dealing with man in the Old Testament and the New Testament. For example: In the O.T., God is almost completely interested in one theme…i.e. protecting the seed line of a nation (Israel) that it might remain "pure" from the father of the Hebrew race (Abraham) to the Messiah. Therefore the entire Bible can be summed up with three statements. 1) Someone is coming (Genesis - Malichi). 2) Someone came (Matthew - John). 3) Someone is coming again (Acts - Revelation).
Israel has often been called a theocracy (i.e. God-ruled). That being true; God established a complete system of law, statues and ordinances that were indigenous to Israel. These were laws governing criminal as well as civil issues. The Old Testament laws, not only addressed the crimes and prescribed the punishments but, insisted that Israel be the agent of punishment for the violations of those crimes. When one reads the N.T.; one finds that the Church that Jesus established in Acts chapter two was not allowed to carry out punishment for criminal activity (Romans 13:1-7). As our search develops; the foregoing will become very clear.
Now we will turn to the various ways that God established for the New Testament Church to deal with their conflicts.
"If you are offering your gifts 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)"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."
( Matthew 18:15)This ADR method requires one on one contact between the parties in conflict. The inference in the first reference is that our relationship to God is based on our relationship to our brother. In fact the statement is dealing with communing with God in worship. The "teeth" to enforce compliance with this ADR method infers that the worshipper will not be properly prepared for communion with God when he is not communing with his brother. It goes back to an earlier reference that says we cannot love God whom we have not seen if we can’t love our brother who we see all the time. Therefore my vertical connection (with Deity) is contingent upon my horizontal connection (with my brother).
Note that the second reference requires that this ADR method be just between the two parties in conflict. The emphasis of this passage suggests that the ADR process (including stopping the conflict, settling the problem and restoring or enhancing the relationship) begin with the two and only the two who are in conflict. I’m sure I don’t know all the reasons for this and I’m even more confident that I don’t have to know God’s rational (cf. Isaiah 55:8-9). However, my experience and education in life has taught me that the more people around; the more I feel that I have to defend my actions, save face etc. Anyone who works with other people recognizes that change and reconciliation usually take a while to achieve. My experience teaches me I will keep trying as long as I am getting a positive response to my reconciliation entreaty. If I am going to err; I’d rather err because I went too far rather than not investing enough time in the process and the person. "Most of our professional work as mediators demonstrates to us that conflict is not resolved and relationships are not healed overnight. " (Lowrey, Conflict Management and Counseling, pg. 44, 1994). Having been in many of these sessions; I am convinced that the investment spend in time is well the effort.
For those who believe this instruction and subsequent inference; there will be a willing, as needed, and quick response to the ADR method that requires Individual Negotiated Settlements. It is essential to remember that this process is in view of "bringing the two parties back together" (Reconciliation).
"But if he will not listen, take one or two other along, so that every matter may be established by the testimony of two or three witnesses" (Matthew 18:16)
If after much entreaty, time and fidelity to the process presented in verse 15; either or both party feels that nothing is going to be accomplished; it is incumbent on the "offended" party to involve others in the dispute. This is the ADR method of Mediation. Again, I emphasis that the emphasis is "reconciliation of the relationship" not to sanction or withdraw from the individual. We do not have the right to change the object/goal of the "second" step (Mediation) no matter how they react to and or respond to us. Some feel that these first two meetings are to "get all the cards on the table". "Set out the charges," "give the person an opportunity to get back in my good graces and to repent". With some, perhaps many, these two steps are just "spiritually legalizing" what I wanted to do anyway… "let others know the wrong that has been committed against me". I don’t get this teaching or spirit from the instructions in this passage or any other that discusses "bringing others back together". Look at the spirit of Galatians 6:1-2:
" Brothers, if a man is trapped in some sin, you who are spiritual should restore him gently. But watch yourself; you also may be tempted. Carry each other’s burdens, and in this way you will fulfill the law of Christ."
There are some advantages of taking one or two. One is enumerated in the text… "that the matter may be established by the testimony of witnesses". The mediation phase of ADR can have the effect of the seriousness of the situation. The coming of a friend may be discounted. The admonition of one person maybe shrugged off. When a number of individuals come at once; they will see the matter is serious. It is important to note that establishing every word is not "nit-picking". Jesus taught the seriousness of establishing every word.
"But I say to you that for every idle word men may speak, they will give account of it in the Day of Judgment. For by your words you will be justified, and by your words you will be condemned."
(Matthew 12:36-37)Words are important is a court of law, a mediation session and in the court of God. Again, we should make the point. This is not to just fulfill some legal requirements so we can get on with the business of sanction. The motivation of the visit and mediation is a deep desire to bring about a reconciliation. We need to exhaust every effort to bring about this cessation of hostility, unresolved conflict and an enhancement of the relationship.
"And certain men came down from Judea and taught the brethren, "Unless you are circumcised according to the custom of Moses, you cannot be saved. Therefore, when Paul and Barnabas had no small dissension and dispute with them, they determined that Paul and Barnabas and certain others of them should go up to Jerusalem, to the apostles and elders, about this question. So, being sent on their way by the church, they passed through Phoenicia and Samaria, describing the conversion of the Gentiles; and they caused great joy to all the brethren. And when they had come to Jerusalem, the church and the apostles and the elders received them; and they reported all things that God had done with them. But some of the sect of the Pharisees who believed rose up, saying, "It is necessary to circumcise them, and to command them to keep the Law of Moses. Now the apostles and elders came together to consider this matter. And when there had been much dispute, Peter rose up and said to them: "Men and brethren, you know that a good while ago God chose among us, that by my mouth the Gentiles should hear the word of the gospel and believe.
So God, who knows the heart, acknowledged them by giving them the Holy Spirit, just as He did to us, and made no distinction between us and them, purifying their hearts by faith. Now therefore, why do you test God by putting a yoke on the neck of the disciples which neither our fathers nor we were able to bear? But we believe that through the grace of the Lord Jesus Christ we shall be saved in the same manner as they. Then all the multitude kept silent and listened to Barnabas and Paul declaring how many miracles and wonders God had worked through them among the Gentiles. And after they had become silent, James answered, saying, "Men and brethren, listen to me: Simon has declared how God at the first visited the Gentiles to take out of them a people for His name. And with this the words of the prophets agree, just as it is written: After this I will return And will rebuild the tabernacle of David, which has fallen down; I will rebuild its ruins, And I will set it up; So that the rest of mankind may seek the LORD, Even all the Gentiles who are called by My name, Says the LORD who does all these things. Known to God from eternity are all His works. Therefore I judge that we should not trouble those from among the Gentiles who are turning to God," (Acts 15:1-19)
Here is a great example of an ADR that involves multiple parties over a single issue. The parties present are Jews who had become Christians. Some of these Jewish converts, wanting to maintain at least some of the Judistic teaching and tradition by transporting it into Christianity were basically saying that "Jesus is not enough.…you must have the law of Moses to be saved." The one particular area that they kept bringing up was that of circumcision. They did not believe that a person could be saved among the Gentile (the third party…not present) converts unless and until they were circumcised according to the Law of Moses. This was causing havoc in the infant church. So a session was convened in Jerusalem to discuss this matter. Each interest party spoke and it was decided by the authority of the scriptures and the Apostles that circumcision was not necessary for salvation. So a letter was drafted, read and sent to all the Gentile churches.
There may be occasions when this is necessary. There may be questions of doctrine or tradition that someone is trying to put on an equal ground with doctrine. Whatever the case; here is an example of a ADR session that dealt with policy making involving multiple interest parties.
" Dare any of you, having a matter against another, go to law before the unrighteous, and not before the saints? Do you not know that the saints will judge the world? And if the world will be judged by you, are you unworthy to judge the smallest matters?… If then you have judgments concerning things pertaining to this life, do you appoint those who are least esteemed by the church to judge? I say this to your shame. Is it so, that there is not a wise man among you, not even one, who will be able to judge between his brethren? But brother goes to law against brother, and that before unbelievers! Now therefore, it is already an utter failure for you that you go to law against one another." (I Corinthians 6:1-7a)
Here is a situation where members were suing other members in (more than likely) civil court. In disgust Paul shames them for such behavior. Their behavior was confirming what others had been saying about Christianity. One writer had said that they were like a chorus of frogs sitting around a pond croaking all night. Paul asks a question that should have shamed them. Isn’t there anyone among you who can judge/arbitrate in matters that are between you? In essence he is saying that it would be better to be defrauded than to participate in such activity and hang your dirty laundry out before the heathen so they could continue to make fun of you and His church.
Here a precedent is set for choosing one among the church to make a judgment in matters that pertain to the church. In the first place the heathen world makes decisions by a different value system than Christian’s should. Christians are a small sub-cultural in the midst of a large culture that have a different standard to consider in their decision making process before passing judgments. Being aware of that; Paul rebukes them for their choice of an ADR process and gives a better ADR for them.
" Let every soul be subject to the governing authorities. For there is no authority except from God, and the authorities that exist are appointed by God. Therefore whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves. For rulers are not a terror to good works, but to evil. Do you want to be unafraid of the authority? Do what is good, and you will have praise from the same. For he is God's minister to you for good. But if you do evil, be afraid; for he does not bear the sword in vain; for he is God's minister, an avenger to execute wrath on him who practices evil. Therefore you must be subject, not only because of wrath but also for conscience' sake. For because of this you also pay taxes, for they are God's ministers attending continually to this very thing. Render therefore to all their due: taxes to whom taxes are due, customs to whom customs, fear to whom fear, honor to whom honor."
(Romans 13:1-7)
Unlike Israel in the Old Testament; Christians were not allowed to carry out physical punishment on criminal offenders. God, in this passage and others, reminded them that He had established " governing authorities" that would take care of the criminal element in their society. Therefore they had the responsibility to respect, submit and even pay taxes to that power. These authorities would carry out any punishment that would be needed. Therefore, Christians have the right and responsibility to call upon these powers for protection and redress in criminal matters. They could even call on these powers when they were being wrongly treated by an agent of the governing powers as you will see in the verses below.
"the commander ordered him to be brought into the barracks, and said he should be examined under scourging, so that he might know why they shouted so against him. And as they bound him with throngs, Paul said to the centurion who stood by, ‘Is it lawful for you to scourge a man who is Roman, and uncondemned? When the centurion heard that, he went and told the commander, saying, ‘take care what you do, for this man is a Roman.’ Then the commander came and said to him, ‘tell me, are you a Roman?’ He said, ‘yes’. And the commander answered, ‘With a large sum I obtained this citizenship.’ And Paul said, ‘But I was born a citizen.’. Then immediately those who were about to examine him; and the commander was also afraid after he found out that he was a Roman, and because he had bound him."
(Acts 22:24-29)Christians, like any other citizen do not have to sit by and allow people to abuse or mis-use them; even though they are government agents. We do have an ADR option.
You will recall an earlier ADR method that involved one on one negotiation and then mediation. This was found in Matthew 18:15-16. The next verse calls for more measures that involve telling it to the church. The entire church family has a right and responsibility to try to win this one back to his/her better self.
If the entreaties of his/her spiritual family cannot impact in such a way that a reconciliation takes place, then a social sanction is imposed by the entire church in hopes that that feeling from the loss of social fellowship will have such an impact that s/he will seek reconciliation of his/her relationship with the family and with God. Please consider these verses.
"And if he refuses to hear them, tell it to the church. But if he refuses even to hear the church, let him be to you like a heathen and a tax collector."
(Matthew 18:17)" It is actually reported that there is sexual immorality among you, and such sexual immorality as is not even named among the Gentiles; that a man has his father's wife! And you are puffed up, and have not rather mourned, that he who has done this deed might be taken away from among you. For I indeed, as absent in body but present in spirit, have already judged (as though I were present) him who has so done this deed. In the name of our Lord Jesus Christ, when you are gathered together, along with my spirit, with the power of our Lord Jesus Christ, deliver such a one to Satan for the destruction of the flesh, that his spirit may be saved in the day of the Lord Jesus. Your glorying is not good. Do you not know that a little leaven leavens the whole lump. 6 You're glorying is not good. Do you not know that a little leaven leavens the whole lump? Therefore purge out the old leaven, that you may be a new lump, since you truly are unleavened…
11 But now I have written to you not to keep company with anyone named a brother, who is sexually immoral, or covetous, or an idolater, or a reviler, or a drunkard, or an extortioner; not even to eat with such a person. For what have I to do with judging those also who are outside? Do you not judge those who are inside? But those who are outside God judges. Therefore "put away from yourselves the evil person."
(I Corinthians 5:1-13)"But we command you, brethren, in the name of our Lord Jesus Christ, that you withdraw from every brother who walks disorderly and not according to the tradition which he received from us… Now those who are such we command and exhort through our Lord Jesus Christ that they work in quietness and eat their own bread…But as for you, brethren, do not grow weary in doing good. And if anyone does not obey our word in this epistle, note that person and do not keep company with him, that he may be ashamed.
Yet do not count him as an enemy, but admonish him as a brother."
(II Thessalonians 3:6-15).One can see the obvious sanctions:
These instructions, with sanctions, would have and do have a lot "teeth" for reconciliation of those who believe the Bible and those believers who believe that these sanctions will work. These sanctions will have a very serious effect on the offender if that person has had a strong tie to their church family. The sanctions are not for punishment, but in view of the person feeling the effect of emptiness and loss when everything else has not worked.
We have looked at a several ADR processes mentioned ONLY in the New Testament. However, realize that much more could be discussed on the subject of ADR in the Bible. Hopefully I will be able to spend much time in developing this subject. It is of great interest to me. As I dig deeper into the subject of ADR; I find that there is much to research on this Bible subject.
Hopefully, the more we learn and educate ourselves about ADR in the scriptures; the more we will restore a more biblical approach to conflict management and conflict resolution found in all the Bible. Maybe the words of Justice Burger and others who look for a "kinder gentler," more community oriented approach to ADR will look back and see that a whole movement has moved us back into our families, neighborhoods and churches for conflict processing. Maybe the 21st century will see us using a method that has a variety of ADR methods and processes that are pictured and presented in the document (I believe to be the manufacture's manual) that is an answer to the conflict drama that has so plagued the 20th century.
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