Alternate Dispute Resolution Agreement
The Alternate Dispute Resolution Agreement, hereafter referred to as the ADR, is designed to follow the Biblical mandates for resolving disputes involving believers, as given in Matthew 18:15-20; Romans 16:17-18; I Cor. 5:13; II Cor. 2:1-11; Galatians 6:1; I Thessalonians 5:14; II Thessalonians 3:6, 10-15; I Timothy 5:19-20 and Titus 3:10-11. The primary basis of operation for the Until That Day Ministries International ADR is found in Matthew 18:15-17. To the extent that any of the procedures stated in this section contradict Scripture (as interpreted by the governing boards), the Scriptures shall govern.
The Matthew 18:15-17 passage illustrates that the church is to have its own judicial system in place for the purpose of resolving disputes. According to this passage, there is a reasonable attempt at resolution of disputes between two parties. If this is not possible, an arbitrator may be obtained that is agreeable to both parties. If these first two measures are unsuccessful, the disputing parties will then fall under the jurisdiction of the Until That Day Ministries International ADR Board. Either party may initiate the procedures of the ADR Board, by doing so in writing. Such correspondence should be addressed to the President of Until That Day Ministries International. The Chief Arbitrator must then give each party a minimum of five days notice of a hearing date.
All parties that have been given a copy of this ADR Agreement, whether contained in a University of Christian Studies and Seminary college handbook, World Harvest Christian School handbook or the By Laws of Until That Day Ministries International or Until That Day Church, will fall under the authority of the Until That Day Ministries International ADR Board.
The ADR Board Chief Arbitrator shall be the President of Until That Day Ministries International. The Chief Arbitrator will issue all final decisions in disputed matters, after all circumstances are weighed during a hearing. The time and place of the hearing will be determined by the Chief Arbitrator. All decisions rendered by the Chief Arbitrator are binding and cannot be appealed. The Chief Arbitrator will have the discretion of allowing a three member ministerial board to review the findings of each disputed point, but is not bound to do so.
Prior to the beginning of any hearing on a disputed matter, the Chief Arbitrator will appoint a six member Arbitration Panel that will hear details of each disputed point, and upon doing so, will issue a recommendation to the Chief Arbitrator. The Panel only serves in an advisory capacity, but the Chief Arbitrator must give a reasonable explanation for not following the recommended course of action of the Arbitration Panel, if he opts to do so. The Arbitration Panel will be selected from active members of the Boards of:
University of Christian Studies and Seminary
Agency for Excellence in Christian Counseling
Better Education Membership of America
World Harvest Christian School
Home Harvest Christian School
Until That Day Church
If a six member panel cannot be seated by selecting members from the aforementioned boards, the Chief Arbitrator will have the option of decreasing the size of the Arbitration Board, or of selecting members from those directly connected with one of the three ministries mentioned above. All proceedings of the ADR will be tape recorded and transcribed (verbatim) by an individual appointed by the Chief Arbitrator.
Prior to an initial mediation meeting, the Chief Arbitrator will be allowed to communicate with any of the parties involved in order to obtain an overview of the dispute. Any mediators that may be assigned by the Chief Arbitrator may also meet with any party to assess the possibility of settling the dispute prior to official arbitration, (always following the guidelines of Matthew 18).
An ADR Board meeting will normally include an introduction and opening prayer; statements by each party clarifying the issues involved; the presentation of each party’s claims, defenses and witnesses, as well as an opportunity for each side to respond; questioning by the appointed mediators or the Chief Arbitrator; a discussion of each party’s responsibilities to follow the Biblical model; discussion of relevant Biblical precepts; a discussion of possible solutions to the dispute; agreement on a solution and closing comments and prayer. If the disputing parties are unable to reach an agreement, the ADR Board will advise the Chief Arbitrator of their deliberated recommendation. The Chief Arbitrator will then render a fair and just decision. He may opt to deliberate on the matter for a brief period of time (not to exceed three days).
Witnesses that may be called during the ADR process may be required to testify under oath or vow, provided that making an oath or vow does not violate the person’s sincerely held religious beliefs. Oaths or vows may be administered by the Chief Administrator. A list of witnesses that will be called by either party must be submitted to the Chief Arbitrator.
Evidence may be entered during the ADR process. Such evidence, along with any pertinent documents must be submitted to the Chief Arbitrator before being brought to the ADR hearing.
Any party wanting a copy of any ADR proceeding shall make arrangements through the Chief Arbitrator. Any expense associated with such arrangements will be sustained by the requesting party. Video and audio recordings of the meeting may also be obtained upon written request.
Once a decision has been rendered by the Chief Arbitrator, a written agreement will be prepared by Until That Day Ministries International. All parties involved in the process will sign the agreement. This will include the Chief Arbitrator and the ADR Board members. This agreement is legally binding and should be notarized.
The provisions of the ADR Board covers all matters relating to any of the operations of Until That Day Ministries International. This includes any outside entity that may bring dispute against UTDMI, its member institutions, officers or individual members. The ADR Board will have sole authority to arbitrate matters between two UTDMI members, employees or an outside entity and a UTDMI member.
The arbitration will be binding on both parties. An attorney representing UTDMI or other entities involved in the process will be allowed and have absolute freedom to ask questions. The issues to be determined during the arbitration process must be agreed to before arbitration begins. The ADR may hear evidence produced, notwithstanding the failure of a party to appear. The parties are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing. Formal rules of discovery must be waived, and the discovery process agreed to.
No other method of arbitration will be allowed by Until That Day Ministries International. All proceedings will be done fairly and without bias, regardless of the entities involved in the dispute. Although all rulings of the Chief Arbitrator are binding, either party involved in the dispute may file a written protest of the findings of the ADR. This grievance will be kept on file, with other ADR documents.
Either party involved in a dispute may submit a request to the Chief Arbitrator for reconsideration of the decision rendered. It must be submitted within 20 calendar days after the written version of the decision has been received by both parties. Such a request must have merit toward presenting new evidence that could change the decision issued by the ADR Board. Reviewing a decision that has already been issued is completely at the discretion of the Chief Arbitrator. If the Chief Arbitrator agrees to reconsider a decision, the ADR Board will define what issues will be reconsidered.
Should these rules vary from state or federal arbitration statutes, these rules shall control except where the state or federal rules specifically indicate that they may not be superseded.
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