What is Christian Mediation? Should it Be in Your Contract?

Christian mediation has a foot in two worlds: the peacemaking role of the Church, and the typical legal process for resolving legal disputes short of trial. It can be both spiritually healing and a cost–saving way of approaching problems. But what is it and how does it work?

What is Christian Mediation?

Most serious Christians understand that the Bible gives authority to the church (in various possible forms) to resolve disputes between Christians. Yet Christians still file a lot of lawsuits! Why is this? The cynical answer is that Christians ignore Scriptural commands when it affects their business or personal interests. But it may be that Christians don't understand the possible role of Christian mediation, or don't have spiritual leaders who have the skills to resolve complex conflicts.

Secular mediation is common. The vast majority of lawsuits in the secular world resolve, or get settled, before they go to trial. This is often through a mediation process, where a trained mediator meets with the two parties. The mediator hopefully understands something about the law driving the case and is able to bring parties to a point of agreement. Most of the time, this is a purely business transaction, and occasionally there is a degree of healing as well. The parties don't have to settle. It is their choice, and if they don't, the litigation goes forward. But because these discussions are usually purely about the financial value of the case, secular mediation is quite one–dimensional.

But what is Christian mediation? Sometimes people think that Christian mediation is only for church disputes or disputes about spiritual issues. But Christian mediation can be used to resolve any form of dispute. Like the more commonly–used secular mediation mentioned above, it can be used during a lawsuit—or even before. Christian mediation is different because it focuses on Scriptural principles and on spiritual healing in addition to the practical issues. It doesn't just try to resolve the legal or financial issues, but also addresses the spiritual and emotional issues. When the Christian mediation process works well, the healing of relationships can be far greater than is likely in a secular setting. Let's look at how mediation is treated in Scripture.

Biblical Foundations of Mediation

Mediation is rooted in Christian teachings and Scripture. The Bible references mediation in both principle and example.

• Jesus instructed his followers to take disputes to the church if they could not work it out between themselves. (Matthew 18:15–17). 
• Paul instructed the church at Philippi to mediate between two members, Euodia and Syntyche and facilitate reconciliation. (Philippians 4:2–3).
• Paul instructed Christians not to file lawsuits, saying that the Lord's people can be wise enough to judge disputes. (1 Corinthians 6:1–6).
• In advocating for the slave Onesimus, Paul acted as a mediator between him and his owner Philemon. (Philemon).
• In the Old Testament, Moses acted as a mediator between the rebellious Israelites and God. (Exodus 32:31–32).
• In a sense, Boaz acted as mediator for Ruth and Naomi, negotiating with their kinsman to redeem the land. (Ruth 4).
• Jesus Christ is described as the only mediator between God and mankind. (1 Timothy 2:5; Hebrews 9:15).

These examples support mediation as a vital component of Christian peacemaking and a legitimate role in the church. By pursuing mediation, Christians can seek peace and reconciliation in their relationships.

Incorporating biblical principles in mediation not only resolves conflicts but also fosters deeper spiritual connections and personal growth.

What are Benefits of Mediation?

Mediation, whether secular or Christian, is an effective tool in resolving serious conflicts, making it an appealing alternative to traditional legal proceedings. However, Christian mediation has added advantages. Here are some key benefits of mediation:

• Mediation significantly reduces expenses. By avoiding the often exorbitant costs associated with courtroom battles, parties can save money. This is true for both secular and Christian mediation.
• Mediation ensures all parties have a say in the process. Each individual's voice is valued, allowing the person to express perspectives and concerns freely. While this is true in both forms of mediation, a Christian mediator will usually take the parties separately through a process of spiritual reflection as they engage with the conflict on a spiritual level.
• Unlike in court, where a judge or jury decides the outcome, mediation gives the parties involved more control. They can collaboratively work toward a mutually beneficial resolution. While this is true in both forms of mediation, Christian mediation specifically seeks resolutions that bring healing and reconciliation.
• Mediation typically moves faster than court cases, helping parties reach a resolution swiftly without lengthy delays. Mediation may still take a number of weeks or even months for a complex case, but it is still much faster than litigation. Christian mediation usually takes longer than secular mediation. In the former, the parties usually have prework and reflection, while in secular mediation, they simply show up on the day.
• Both forms of mediation allow for creative and tailored solutions that might not be available through the rigid structure of legal rulings. However, Christian mediation will consider spiritual approaches and the importance of forgiveness and can be even more flexible and creative.
• By fostering a collaborative approach, mediation can help maintain or even improve relationships between parties, which is particularly beneficial in situations involving family or business matters. This is much more true for Christian mediation than for secular mediation, because it seeks to address the spiritual roots of the problem and address forgiveness. Secular mediation often has little more to offer than a check.

Overall, mediation is more efficient than litigation (or fighting) and encourages cooperation and communication over confrontation.

Who Can Do Mediation?

But my pastor doesn't know anything about mediation! It's true that unless a church is very sophisticated, it may be difficult to get help within the church for mediating complex legal or relational issues.

At times, elders or others may be asked to serve as mediators. While it is true that many church leaders may have spiritual gifts that would be effectively used in mediation, the skills involved in mediation are not intuitively obvious. An unskilled mediator may miss important factors, may not approach mediation in a trauma–informed way, and could even make matters worse. There are ministries that encourage people to go through formal training in Christian mediation, which can be a wonderful ministry and bring needed skills into the organization. Training for mediation is available through many of the Christian mediation groups.

Another option is to use an independent ministry like RW360, Peacemaker Ministries, or Institute for Christian Conciliation for mediation. (add links) These ministries exist nationwide, but there may also be trained mediators in your city—perhaps in another church if not in yours. Other options may be to use a trained secular mediator or judge who is also a Christian, or enlist an attorney who has had mediation training from a group like the Christian Legal Society (add link).

Consider whether your particular mediation needs to be led by an attorney mediator. Mediations that involve significant legal issues may benefit from an attorney mediator—and the parties may also benefit from being represented by a Christian attorney helping to walk them through the process. While not all mediators in the mediation ministries are attorneys, some of them are. In a specialized area of conflict—such as sex abuse or divorce—it will be helpful to have mediators who have done a lot of work in that space.

Working with Godly Counsel

If you are a Christian individual or organization in a legal conflict, you may want to work with an attorney who is willing to explore Christian mediation. At Telios Law PLLC, we believe we are called to do what we can to make peace before going to court. This is true of many of our Christian attorney colleagues as well. Whether our clients share our spiritual beliefs or not, mediating a case early is almost always best, and clients appreciate it. So, in addition to seeking justice and litigating hard when that is necessary, we seek peace and pursue it. 

Christian Conciliation Clauses

If your organization is committed to the idea of Christian mediation, consider including Christian conciliation clauses in your contracts before you sign them. This means that the parties to the contract agree up front that they will abide by Christian mediation (or arbitration) and will not sue each other. We recommend these clauses in contracts where both parties are believers, or even if they are not, but are still willing to sign them. These clauses have been used successfully in many types of contracts and provide a way forward that is much easier and more cost–effective than litigation, not to mention more likely to preserve relationships. Courts have usually been willing to enforce these clauses.

The Institute for Christian Conciliation has provided a couple of their sample clauses, which we have copied below, and free permission to use them. There is more information about conciliation clauses here.

Conclusion

As believers, God calls us to resolve conflicts in a way that is consistent with our faith. Christian mediation is both an important approach and an important skill. Committing our organizations and ourselves to Christian mediation, despite some cost and effort involved in acquiring the knowledge, training, and expertise, is both obedient to God and likely to further His Kingdom. 

Conciliation Clauses from Peacemaker® Ministries

Conciliation Clause Option A

The parties to this agreement are Christians and believe that the Bible commands them to make every effort to live at peace and to resolve disputes with each other in private or within the Christian church (see Matthew 18:15–20; 1 Corinthians 6:1–8). Therefore, the parties agree that any claim or dispute arising from or related to this agreement shall be settled by biblically–based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (complete text of the Rules is available at www.aorhope.org/rules or by contacting ICC at icc@aorhope.org). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to jury and their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.

Conciliation Clause Option B

Any claim or dispute arising from or related to this agreement shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (complete text of the Rules is available at www.aorhope.org/rules or by contacting ICC at icc@aorhope.org.) Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to jury and their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.