Bay Area Christian Conciliation Service

Bay Area

Christian Conciliation Service, Inc.

Sonoma, California 95476

707-933-3011 v.

707-933-3016 f.

E-mail:CCS@bayareaccs.org

www.bayareaccs.com

Timothy J. Arensmeier, Executive Director

RULES OF PROCEDURE

RULE 1. PURPOSE

1. The purpose of Christian Conciliation is to help Christians resolve legal disputes in a conciliatory rather than an adversarial manner, attempting to restore genuine peace between the parties and glorifying God. These RULES shall be interpreted and applied to this end.

RULE 2. DEFINITIONS

2.1. “Christian Conciliation” is the voluntary submission of a legal dispute to Christians for mediation and/or arbitration. The process incorporates not only the laws of the state, but also Biblical principles of justice, love, forgiveness and reconciliation, as described in Matthew 5:23-26, Matthew 18:15-20 and I Corinthians 6:1-8. "Conciliators" are mediators and/or arbitrators. In the balance of these RULES, "conciliator" will be used in the singular, and may be understood to mean the individual conciliator, and/or a plural of conciliators who might be either mediators or arbitrators.

2.2. “Mediation” utilizes one or more neutral intermediaries who assist the parties in reaching a mutually satisfactory resolution of their dispute. Although the parties may request an advisory opinion from the conciliator as to a just resolution of the dispute, that opinion shall have no legally binding effect on the parties.

2.3. “Arbitration” is the submission of a legal dispute to a conciliator (or panel of conciliators) for a legally binding decision. The Decision and Award of Arbitration, at the request of either party, may become a nonappealable judgment of the Superior Court of the State of California. The parties agree in advance to proceed to arbitration if mediation is unsuccessful.

RULE 3. PARTIES

3. Christian Conciliation is available to any person or organization, regardless of religious beliefs, who recognize the Christian commitment of the Bay Area Christian Conciliation Service, Inc. (CCS), the Biblical basis for the process, and the dual emphasis of reconciling persons while resolving legal issues. The CCS may decline to accept or may withdraw from any case in which conciliation is or becomes inappropriate or ineffective.

RULE 4. COMMENCING CONCILIATION

4.1. The CCS shall not accept a case unless the parties have already attempted to resolve the matter privately. Individual counseling may be provided to facilitate a private resolution.

4.2. Any person may commence Christian Conciliation by informing the CCS of the nature of the dispute, the names of the parties involved and the remedy sought. If the case is preliminarily accepted by the CCS, the CCS will inform all of the parties involved of the request for conciliation and provide them with a copy of these RULES and any other documentation necessary to advise them of the procedures and work of the CCS.

4.3. Conciliation shall start upon agreement to the fee schedule, and receipt of an appropriate deposit against fees, by either party. (See RULE 5.)

RULE 5. DEPOSIT, FEES AND COSTS

5.1. While the CCS is recognized as a ministry of the Christian Church at large, there is a fee schedule and there may be a deposit against fees from each party to initiate the process. The fees are normally set at $200.00 per hour - per party, when involving business or professional disputes; $100.00 per hour - per party, when involving domestic or civil disputes. Churches, church organizations and parachurch ministries are deemed professional in nature.

5.2. An initial 30 minutes of consultation to determine the applicability of involvement of the CCS will be given each party. Subsequent time, activity and costs incurred will be logged and billed to each party. Payment is due at the conclusion of each session. When work is done outside the presence of the parties, fees are expected immediately upon billing. Failure to pay will result in the cessation of activity, unless there has been a deposit against fees, in which case the deposit against fees will be used until exhausted, with a resultant cessation of activity until such time as the billing is brought current. An initial deposit against fees of between $500.00 and $2,500.00, may be required of each party, at the discretion of the Executive Director of the CCS. Upon completion of all work done by CCS, a refund of any unused deposit will be made. No interest will accrue on monies on deposit.

5.3. While the fees are required and expected to be paid at each conciliation meeting by the parties, the mediation agreement or arbitration award may otherwise allocate them between the parties for good cause.

5.4. When a case involves the appointment of more than one conciliator (See RULE 7.), the parties will each be expected to pay for ½ of the cost for each additional conciliator, at the conclusion of each conciliation meeting.

5.5. When needed, the services of a paralegal will be used by the CCS. The fee for that service is normally $65.00 per hour. That fee will be passed along to the CCS client(s) appropriately, either billed directly or split equally as the case may be.

RULE 6. WHEN LEGAL ACTION IS PENDING

6.1. No party shall, subsequent to signing the Mediation/Arbitration or Arbitration Agreement, prosecute or commence any suit, action or proceeding against any other party touching any part of the matters referred to mediation and/or arbitration pursuant to these RULES. If legal requirements require the commencement of an action to preserve the rights of a party, that party may commence the action or proceeding, providing they simultaneously seek a stay of that action or proceeding.

6.2. If legal action is pending at the time conciliation is commenced, the parties must file with the appropriate court a petition seeking a stay or continuance of such proceedings pending the conclusion of the conciliation process. By signing the MEDIATION/ARBITRATION AGREEMENT, the parties agree that a stay or continuance shall not prejudice the rights of any parties; except as their rights may be affected by the mediation agreement or the arbitration award.

RULE 7. APPOINTMENT OF THE CONCILIATOR(S)

7.1. The CCS shall appoint as many conciliators as may be determined necessary, at the discretion of the CCS. Conciliator panels, if appointed, are often are comprised of an attorney, a minister and a lay person with familiarity in the area of the dispute. The exact composition of the panel remains in the discretion of the CCS.

7.2. If a panel or plurality of conciliators is to be appointed, the parties to the dispute shall be notified in writing of such appointment, and shall have three business days to request disqualification of a conciliator, but only upon a showing of probable bias based upon prior acquaintance of the appointed conciliator (or close family members thereof).

7.2.1. The Executive Director shall rule on any requested disqualification, except his own. If the Executive Director is challenged for probable bias, and other conciliators have been appointed, those conciliators shall determine whether or not the Executive Director shall be disqualified and if so, shall appoint a replacement. Any decision on disqualification of a conciliator may be appealed to the Board of Directors (including full explanation of facts supporting the appeal), by filing a written request with the Executive Director, President or Secretary of the CCS within 3 business days of the decision or disqualification.

7.2.2. The decision of the Board of Directors of the CCS shall be final. The proceedings of the board of directors on such an appeal, shall be deemed a part of the conciliation process, and payment for their time shall be expected at the conclusion of their meeting and issuance of their decision.

7.3. Any conciliator may disqualify himself at any time they believe that disqualification is appropriate for any cause.

7.4. After mediation has been initiated and upon realization that it will prove, or apparently will prove unsuccessful, either party, or the conciliator may request that the matter be set for arbitration. After establishing the reasons for such a request, the conciliator will continue and function in the role of arbitrator, unless the parties agree to the appointment of a new conciliator. Such request must be made in writing to the Board of Directors of the CCS which will render a final decision.

7.5. At any time in any proceedings, the CCS may appoint a moderator who may assist the conciliator in mediation or in procedural matters, but shall have no vote in arbitration. Should the matter initially set for mediation move into arbitration, the Executive Director of the CCS shall either function as the arbitrator or as moderator without vote during any arbitration hearings. If the Executive Director has been previously removed (see RULE 7.2.1.) from participation in the mediation proceedings, then the CCS shall appoint a moderator for the arbitration hearing(s). Again, the moderator shall have no vote in the final decision. At no time shall any conciliation meetings or hearings be conducted in the absence of a representative of the CCS.

RULE 8. TIME AND PLACE OF HEARINGS

8.1. The conciliator shall determine the time, place, adjournment, continuance and other conditions of any and all conciliation meetings.

8.2. The conciliator shall give at least ten (10) days written notice to the parties of all arbitration hearings.

8.3. Upon signed approval of the parties, a mediation session may become an arbitration hearing without further notice.

RULE 9. DELIVERY OF DOCUMENTS AND NOTICE

9.1. All documents shall be delivered by U.S. Mail or in person to the last known addresses of the parties as reflected in the documents filed with the CCS. Documents shall be deemed delivered upon deposit in the U.S. Mail, postage prepaid, but any time for response shall be extended by two business days.

9.2. Where clients have provided their E-mail address (Edress) and have the capacity to retrieve attachments, either E-mail messages or documents for their review may be E-mailed provided we have their agreement to use that medium of correspondence.

RULE 10. RIGHT TO COUNSEL

10.1. Both the CCS and any attorneys extending services on behalf of the CCS serve only as neutral intermediaries and shall not be considered to represent any party in an attorney-client relationship. The conciliator's advice shall not be understood to constitute legal advice as might exist between a client and his attorney. Furthermore, no attorney serving as a conciliator may represent any party in any subsequent related legal proceeding.

10.2. During mediation, the parties are expected to be present, and participating (unless, due to potential violence, separate meetings have been scheduled) and have the right to be assisted by independent legal counsel, at the requesting parties’ own expense.

10.3. During arbitration, the parties are still expected to be present and participating, though council may assume a more active role in presenting evidence and the case to the conciliator / arbitrator. Notice of independent counsel to assist or in arbitration represent shall be given to the CCS at least one (1) week prior to any scheduled joint meetings.

RULE 11. CONFIDENTIALITY

11.1. All statements made during the conciliation process shall be of a confidential nature and shall not be made known to persons not involved in the process. The church authorities of the parties professing to be Christians may, when deemed necessary by the conciliator, be involved in the conciliation process, or apprised of the process, information acquired during, and the results of the process. The Board of Directors of the CCS, or its officers, may also be apprised of details and proceedings, but the confidentiality remains with them.

11.2. Neither the statements made during the conciliation process nor the testimony of any conciliator shall be admissible for any purpose, including impeachment, in any proceedings which are, or may be conducted in a court of law, except for the defense or enforcement of an arbitration award.

11.3. After the issuance of a Decision and Award of Arbitration, the matters discussed in the mediation and arbitration hearings remain confidential. Those matters addressed in the Decision and Award of Arbitration are, by their very nature, public information, in that they may be entered upon a court having jurisdiction and made an Order of the Court. Therefore, when the Decision and Award of Arbitration is published and disseminated to the parties, that information is obviously no longer deemed confidential.

RULE 12. INDIVIDUAL MEETINGS - IN MEDIATION AND/OR ARBITRATION

12. The conciliator may, at any time deemed necessary, meet with each of the parties in private to obtain an overview of the dispute and to assess each party’s attitudes and needs. The conciliator may periodically caucus separately with each party, their attorney(s), or with only the attorneys and negotiate between entities in whatever manner is deemed appropriate by the conciliator to affect means toward resolution of the dispute.

RULE 13. DISCOVERY AND DISTRIBUTION OF DOCUMENTS

13.1. Reasonable discovery shall be allowed to identify issues, relevant documents and names of witnesses, with costs paid in an essentially equal manner by the parties. If the parties cannot agree on the scope of discovery or the allocation of costs, they may submit the issue to the conciliator for an interim decision. The conciliator may issue such orders as may be necessary to facilitate the discovery process, including setting time limits, the scope of discovery, limitations on discovery, sanctions and the setting of additional hearings on discovery. The conciliator may issue subpoenas to the extent permitted by law.

13.2. At least one week prior to any joint meeting, the parties shall provide the CCS with five (5) copies of all documents and a list of all witnesses they intend to introduce or call. The CCS shall distribute the documents to the other parties to insure an impartial decision, except that documents of questionable admissibility shall not be introduced to the conciliator until a joint meeting. All other communications shall be transmitted through the CCS.

RULE 14. JOINT MEETINGS

14. Joint meetings shall be utilized to receive evidence and to conciliate the parties. Although no formal procedure is required, the meetings may include:

· an introduction and opening prayer;

· statements by each party as to what issues are involved;

· the presentation of each party's claims, defenses, evidence and witnesses and an opportunity for the other to respond;

· appropriate questions by the conciliator;

· (in mediation) a discussion, sometimes privately, of each party's responsibility for the dispute, the need for confession, repentance and forgiveness, and what would be a just resolution of the legal issues;

· (in arbitration) a private conference among the conciliators to seek God's will deciding the issues presented; and

· closing comments and prayers.

ARBITRATION RULES

RULE 15. DECISION BY MAJORITY

15. Unless otherwise agreed upon in writing by the parties, the decision of any matter shall be by majority. If one or more of the conciliators is incapacitated, or due to scheduling changes, unable to participate, a decision may still be rendered by a majority of the initial conciliators.

RULE 16. ARBITRATION IN THE ABSENCE OF A PARTY

16. An arbitration hearing may be conducted in the absence of a party only if notice has been given and the party has failed to seek a continuance or recess in a proper and timely fashion, or having so sought, has been denied the continuance or recess. If a party is not present during the hearing, the conciliator shall still require the other party to submit sufficient evidence to substantiate their claim or defense. The conciliator may, at his discretion, allow the absent party an opportunity to appear at a subsequent hearing.

RULE 17. EVIDENCE

17. The parties may offer any competent and relevant evidence and shall produce any additional evidence requested by the conciliator. Evidence shall be admitted based upon the conciliator's determination of competence and relevancy rather than strictly upon legal rules of evidence. All evidence shall be taken in the presence of the conciliator and all parties except as provided by in RULE 16.

RULE 18. LEGAL OR SCRIPTURAL BRIEFS

18. The conciliator may request or consider, at their discretion, briefs setting forth the legal, factual or scriptural basis of a particular issue.

RULE 19. WAIVER OF ORAL HEARINGS

19. An oral hearing may be waived by agreement of all parties and an award may be based upon submission of affidavits, depositions and briefs.

RULE 20. WAIVER OF RULES

20. Any party who proceeds with the arbitration after knowledge that any provision or requirement of these RULES has not been complied with and who fails to state objection thereto in writing, shall be deemed to have waived the right to object.

RULE 21. SCOPE OF MEDIATION AND/OR ARBITRATION

21. The “Issues” to be mediated and/or arbitrated will be spelled out as precisely as possible, prior to the party’s signing the MEDIATION/ARBITRATION AGREEMENT. When appropriate, there may be a final “Issue” for conciliation which may allow the conciliator to consider some aspect which while not specifically spelled out, obviously relates to and is germane to the matters under consideration for resolution, the omission of which may preclude a final resolution of the dispute(s).

RULE 22. RE-OPENING OF HEARINGS

22. The conciliator may, at his discretion and for good cause, re-open a case at any time before a decision is rendered.

RULE 23. AWARDS

23.1. Whenever possible, the conciliator shall render a decision within thirty (30) days after the close of a hearing. The conciliator may grant any remedy which is appropriate, just, lawful, consistent with scripture and may make awards allocating attorney’s fees, costs of the proceedings or other reasonable fees. The Decision and Award of Arbitration will generally include a provision for attorney’s fees and costs in any supplemental or enforcement proceeding in the Superior Court, subject to the requirement of the Court’s approval of specific reasonable attorney’s fees and costs.

23.2. The Decision and Award of Arbitration may be filed by either party in the Superior Court of the State of California, and shall thereafter be enforceable as a Superior Court judgment in the manner provided by law.

SUMMARY

Although these RULES may seem complex, they are simple and flexible when compared to what you would experience in the secular court system. Please feel free to discuss with us or with members of our Board of Directors any concerns or questions you may have about submitting a case to the Bay Area Christian Conciliation Service, Inc. We stand ready to serve you.

August 26, 1993
Revised: September 1, 2006

Home | Explanation | History | Med/Arb Agreement | RULES OF PROCEDURE

Web posted June 1998

Updated: September 1, 2006

Web master