Note: Conciliation clauses in contracts are like guardrails on a mountain road: as valuable as they are, you want to do all you can to avoid ever needing to use them. Therefore, one of the wisest things a church, ministry, school or business can do is to “get upstream of conflict” by training all of their staff and members in the principles of relational wisdom and biblical peacemaking. For more information on how to do this, see rw360.org/rw-training.
One of the best ways to make sure that a conflict is resolved in a conciliatory and biblically faithful manner is to include conciliation clauses in any contracts you sign. Depending on how they are written, these clauses may either informally encourage or formally and legally require that any dispute related to a contract be resolved through biblically based mediation or arbitration rather than through litigation.
These types of clauses are being used throughout the country in a wide variety of businesses, ministries, churches and schools. Using these clauses may help you to avoid the stress and expense of the secular legal system. They should not be used merely for that reason, however. Nor should they be used as a means to conceal wrongdoing, place others at a disadvantage or deprive others of valid legal rights and protections.
Instead, conciliation clauses should be used by those who are committed to biblical principles of peace, justice, and reconciliation, and who place a high priority on honoring God and preserving relationships even in the midst of conflict. It is important to realize that legally binding versions of conciliation clauses may limit your ability, as well as the ability of other parties to a contract, to use the civil court system to resolve a dispute.
Therefore, these types of clauses should be used only when all parties to a contract have been provided with complete and detailed information about the conciliation process so that they know precisely what they are committing to and what legal limitations they are accepting.
Conciliation clauses may be written in several ways, depending upon the preferences of the parties. RW360 recommends the language in the following clauses. There is no copyright on the clauses, and you are free to use them at your discretion. The legally binding versions of these clauses have been court-tested and should be modified only with the advice of legal counsel.
RW360 recommends the use of legally binding conciliation clauses in contracts between parties of equal power and bargaining strength, such as business or professional contracts.
The parties to this agreement are Christians and believe that the Bible commands them to make every effort to live at peace and to resolve disputes with each other in private or within the Christian church (see Matthew 18:15-20; 1 Corinthians 6:1-8). Therefore, the parties agree that any claim or dispute arising from or related to this agreement shall be settled by biblically-based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Christian Conciliation Service®, a division of Relational Wisdom 360, (complete text of the Rules is available at rw360.org/ccshandbook). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
Any claim or dispute arising from or related to this agreement shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Christian Conciliation Service®, a division of Relational Wisdom 360 (complete text of the Rules is available at rw360.org/ccshandbook). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
In light of the power imbalance that exists between church leaders and individual members, RW360 recommends that churches use informal commitments to Christian conciliation in church bylaws or membership covenants rather than legally binding clauses (see more detailed rationale for this recommendation). For example:
(For bylaws) If there is a conflict between members or leaders of this church, we commit to making a sincere effort to resolve it according to the peacemaking principles set forth in Scripture rather than going into civil court (see, for example, Prov. 19:11; Matt. 5:9, 5:23-24, 7:3-5, 18:15-20; 1 Cor. 6:1-8; Eph. 4:29-32; Gal. 6:1; Phil. 2:1-4; rw360.org/peacemaking; www.rw360.org/gptc). If we are unable to resolve a conflict through personal conversations or informal mediation, or through the established disciplinary process of the church, we agree to give prayerful consideration to resolving the matter through formal Christian conciliation, which is described in the Handbook for Christian Conciliation (rw360.org/ccshandbook).
(For membership covenant) If I have a conflict with another member or a leader of this church, I commit to making a sincere effort to resolve it according to the peacemaking principles set forth in Scripture rather than going into civil court (see, for example, Prov. 19:11; Matt. 5:9, 5:23-24, 7:3-5, 18:15-20; 1 Cor. 6:1-8; Eph. 4:29-32; Gal. 6:1; Phil. 2:1-4; rw360.org/peacemaking, rw360.org/gptc). If we are unable to resolve a conflict through personal conversations or informal mediation, or through the established disciplinary process of the church, I agree to give prayerful consideration to resolving the matter through formal Christian conciliation, which is described in the Handbook for Christian Conciliation (rw360.org/ccshandbook).
These types of informal clauses encourage the use of conciliation while also ensuring that people will enter into such a process voluntarily and with the opportunity to carefully evaluate the process in light of their religious convictions (see, e.g., 1 Cor. 6:1-8) and to seek outside advice that enables them to thoughtfully decide whether this process is appropriate for their particular situation.
In light of the power imbalance that often exists between employers and employees, RW360 recommends that employers use an informal commitment to conciliation rather than a legally binding clause with non-management employees (see more detailed rationale for this recommendation). An informal commitment makes it more likely that these employees will enter into a conciliation process willingly and voluntarily, which will set the stage for a more productive and successful conciliation process. For example:
(Informal Clause for employment contract) If there is a conflict between [name of employee] and [name of company], we agree to make a sincere effort to resolve it through personal conversations or the grievance process established by [name of company] by applying the conflict resolution principles described in Guiding People Through Conflict (see rw360.org/gptc). If we are unable to resolve a conflict through these means, we agree to give prayerful consideration to resolving the matter through formal Christian conciliation, which is described in the Handbook for Christian Conciliation (rw360.org/ccshandbook).
Since there is usually less of a power imbalance between employers and management level employees, it is generally safe to include a legally binding conciliation clause (such as options A or B above) in these situations. Legally binding clauses can be especially appropriate in employment contracts involving pastors since the “religious abstention doctrine” might otherwise prevent a civil court from accepting a case, which could leave a pastor without a remedy if he has a major conflict with the church. When using a legally binding clause, it is essential that all those concerned have carefully read all of the information related to such clauses (including the Handbook for Christian Conciliation and information on the Enforceability of Conciliation Clauses) and have had the opportunity to seek legal advice from an attorney. This kind of careful evaluation will ensure that all parties have been well informed of their rights and options and are entering into these agreements with genuine informed consent. Some courts have placed limitations on the enforceability of legally binding mediation and/or arbitration clauses that are used in employment contracts, usually because of the financial burden that a mediation/arbitration process can place on an employee. One way to avoid this problem is to include this additional language in a legally binding employment conciliation clause:
The parties acknowledge that a conciliation process necessarily requires time and financial resources. To facilitate this process, [Employer’s Name] agrees to pay all initial fees and expenses that may be required by the mediator, case administrator, and/or arbitrator to carry out a conciliation process. The final apportionment between the parties of those fees and expenses shall be negotiated during mediation or, if necessary, decided by the arbitrator. The parties agree that they will make every reasonable effort to contain expenses by limiting the amount of fact-finding, investigation and discovery to what is reasonably necessary to conduct a fair conciliation process.
The Association of Christian Schools International has incorporated language similar to this in a model Mediation/Arbitration Clause they recommend for employment contracts in their schools (see details here). If a school prefers to commit to a conciliation process that involves the principles of relational wisdom and is administered under the auspices of RW360, we recommend that they change the first sentence in the second paragraph of the ACSI model clause to read as follows:
The parties agree for the arbitration process to be conducted in accordance with the “Rules of Procedure for Christian Conciliation” (“Rules”) of the Christian Conciliation Service, a division of Relational Wisdom 360. A copy of the Rules may be obtained from the school office or at rw360.org/ccshandbook.
Christian schools can encourage biblical responses to conflict by including this type of conciliation clause in their student enrollment agreements:
If there is a conflict between members of our family and anyone associated with [name of school], we commit to making a sincere effort to resolve it according to the peacemaking principles set forth in Scripture (see, for example, Prov. 19:11; Matt. 5:9, 5:23-24, 7:3-5, 18:15-20; 1 Cor. 6:1-8; Eph. 4:29-32; Gal. 6:1; Phil. 2:1-4; rw360.org/peacemaking; rw360.org/gptc). If we are unable to resolve a conflict through personal conversations or informal mediation, or through the established disciplinary process of the school, we agree to give prayerful consideration to resolving the matter through formal Christian conciliation, which is described in the Handbook for Christian Conciliation (rw360.org/ccshandbook).
Conciliation clauses may also be included in trusts and wills. As indicated in this article, the legal enforceability of such clauses varies from state to state. Regardless of legal enforceability, however, these clauses can still encourage people who have disagreements over a trust or will to settle their differences in a conciliatory manner. The following language is appropriate for use in a trust or will:
I believe that God wants Christians to make every effort to live at peace and to resolve disputes with one another in private or within the church (see Matthew 18:15-20; 1 Corinthians 6:1-8; Ephesians 4:1-3). I believe that obedience to these principles honors and pleases God, benefits those involved and may lead others to faith in Christ. Therefore, trusting that my family and friends will honor my beliefs and wishes, I ask that any questions or disputes that may arise during the administration of my estate be settled by mediation and, if necessary, arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Christian Conciliation Service®, a division of Relational Wisdom 360 (complete text of the Rules is available here).
These Conciliation Clauses were written by Ken Sande and adopted by the Association of Christian Conciliation Services in 1990, with the understanding that they would be available to “any Christian conciliation ministry, church or other organization or person who wishes to encourage parties to resolve conflicts through Christian conciliation.” Ownership of this material passed to the Institute for Christian Conciliation (ICC), a division of Peacemaker Ministries, in 1993. This material is published through RW360 pursuant to a special license from the ICC.