Part VI: Preventive Measures

In Part I of this series, we talked about how church governance helps us understand legal issues that can lead to church litigation. In Part II, we reviewed the importance of a church’s governing documents, which can both create and resolve legal disputes, depending on how they are written. In Part III, we discussed church property disputes and how to prevent or prepare for them In Part IV, we addressed how to prevent defamation and other claims resulting from church discipline. In Part V, we discussed constitutional principles that prevent courts from deciding some church disputes. In this final part, we’ll discuss practical steps that church leaders can take to prevent conflicts and keep them out of court.

Have Clear and Effective Governing Documents

As mentioned throughout this series, a church’s governing documents, such as the articles of incorporation and bylaws,  are vital for preventing and resolving disputes. These documents clarify who can vote, who is and is not a member, and who has decision-making authority. They can also define the relationship between a local church and a denominational body, including any rights to the church’s property.

Churches should not wait for trouble to consult their governing documents. Rather, they should review and clarify their governing documents before disputes occur. They should anticipate conflicts that might occur and address them early.

Clarify Membership Rules

In Part IV, we spoke briefly about church membership agreements and how they might be used to prevent legal issues from church discipline. Church membership agreements outline what the church expect from members with respect to religious beliefs and moral conduct. They can also discuss what happens if there is an accusation of misconduct. They can detail how any disciplinary actions will be communicated to other members. Such agreements confirm that a member gave informed consent to these processes and communications. This can be a winning defense in a lawsuit for defamation or invasion of privacy.

Use Conciliation Agreements

An under-used tool in churches is the conciliation agreement. This agreement states that disputes that arise in a church will be resolved through faith-based conciliation instead of court. It requires people with grievances to go through a faith-based process to settle disputes rather than suing. This could include disagreements with the church, with other members, or different kinds of misconduct.

Conciliation agreements can be legally binding and can be grounds for dismissing lawsuits that are covered by the agreement. Conciliation agreements can be part of a membership agreement or can stand alone.

Conciliation agreements usually require all disputes in the church to be resolved through a mediation. A mediation involves a meeting of the parties to try and work out their differences and resolve the dispute, usually with a trained Christian mediator. Agreements can also require arbitration when a mediation fails. In arbitration, the conciliator will make a binding decision. Conciliation agreements help resolve church disputes in a religious context that aims for reconciliation, rather than costly and divisive litigation.

Consult with Knowledgeable Legal Counsel

In thinking through church governance and possible disputes, a good preventive measure is to consult with attorneys experienced in ministry law. This will help churches manage legal risks and prevent litigation. Waiting until a legal problem has already occurred is almost always more expensive and generally difficult than getting counsel ahead of time.