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Doctor Benke, from the time that he was notified of his suspension, has 15 days to appeal to a dispute resolution  panel. That panel will be chosen from a list of nine synodical  reconcilers. Four reconcilers are chosen in each LCMS District by the Board of Directors for a term of 6 yrs. The district does this within 3 months after each Synodical convention. 

This official roster of district reconcilers are chosen because they have training and experience in settling disputes and conflict resolution. Nine reconcilers from a pool of all the districts will be chosen by "blind draw" from the pool of all of the synodical reconcilers except those from the districts of the accusers and Dr. Benke's district. After the nine have been chosen Dr. Benke must remove three and the accusers must remove three. 

The actual dispute resolution panel will be made up of three people .There must be at least one pastor and one laymen on the panel. They will meet, interview, and speak with the accusers, the accused, and witnesses who they feel may be important to interview. 

They may also ask the Commission of Constitutional Matters (CCM) or the Commission on Theology and Church Relations (CTCR) for rulings on various points of the case if they so desire. They will then attempt to resolve the case by reconciling and seeking agreement from both parties to a particular settlement or direction. 

In the event that the case is not settled after their decision and Dr. Benke still wants to appeal; he may avail himself of the panel of appeals, which is a panel of three LCMS District Presidents. Dr. Benke may choose one president, the accusers may choose another president, and the third will be chosen by the above two presidents. The will meet and carry out a process identical to the dispute resolution panel. They also have the right to seek advice from the CCM or the CTCR at any point in  their deliberations. There decision will be final and no further appeals are available. 

This system was worked on and refined at the Pittsburgh convention to give maximum fairness to anyone who is being threatened with expulsion from the synod. 
 

Read and submit letters of reaction and opinion on this case (click here)

If you would like to make a reaction statement, please send it to jay@lutherancentral.com and we will be glad to review it and possibly publish it. We would like to hear your opinon.