A052 Amend Canon IV.2, Canon IV.4.1.d, and Canon IV.8 to add Restorative Covenant as a possible outcome of Conciliation
Canon I of Title IV sets ambitious and worthy aspirations for the Church’s process for Ecclesiastical Discipline. Experience has demonstrated that appointment of a Conciliator – defined in Canon IV.10.4 as “a person skilled in dispute resolution techniques and without conflict of interest in the matter” – can be an effective avenue for reaching the aspirations of the Title, particularly if utilized early in the discipline process. The current text of Canon IV.10, Of Conciliation, suggests that a conciliation is successful only if an Accord is reached. This amendment expands the understanding of a successful conciliation to include one that results in resolution of all or some of the issues in a matter by way of a “Restorative Covenant” between the Complainant(s) and the Respondent, to which the Reference Panel must consent, and the later violation of which would constitute an Offense. Hopefully, this amendment would expand the opportunity for resolutions that promote “healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation.”
Explanation
Canon I of Title IV sets ambitious and worthy aspirations for the Church’s process for Ecclesiastical Discipline. Experience has demonstrated that appointment of a Conciliator – defined in Canon IV.10.4 as “a person skilled in dispute resolution techniques and without conflict of interest in the matter” – can be an effective avenue for reaching the aspirations of the Title, particularly if utilized early in the discipline process. The current text of Canon IV.10, Of Conciliation, suggests that a conciliation is successful only if an Accord is reached. This amendment expands the understanding of a successful conciliation to include one that results in resolution of all or some of the issues in a matter by way of a “Restorative Covenant” between the Complainant(s) and the Respondent, to which the Reference Panel must consent, and the later violation of which would constitute an Offense. Hopefully, this amendment would expand the opportunity for resolutions that promote “healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation.”