Conflict Resolution and Mediation
This article addresses the common sources of internal church disputes and discusses how churches, ministers, denominations, and other players can identify potential areas of controversy, prevent litigation, and help ensure favorable outcomes if litigation does arise. First, we discuss the concept of church polity as a framework for understanding issues associated with litigation. Next we cover how the governing documents of a church are often critical to both creating and resolving legal disputes. Third, we discuss church litigation resulting from church property disputes and how to prevent and prepare for such controversies. Fourth, we focus on avoiding legal trouble related to defamation and other claims resulting from church discipline. Fifth, we discuss constitutional principles that restrict courts from deciding certain church disputes. Finally, we explore practical steps that church leaders can take to prevent conflicts and keep them out of court.
Taking a trauma-informed approach to investigations helps protect all participants—especially those harmed—while improving the quality and fairness of the investigative process.
After an investigation, the real work begins. Ministries must navigate justice, victim support, and careful communication while fostering long-term healing and reconciliation. In this op-ed, our senior attorney Theresa Sidebotham explores key steps for ministries to move forward wisely—balancing accountability, restoration, and trust.
Non-disclosure agreements are controversial in the context of abuse and misconduct claims. This article discusses the pros and cons of NDAs and considerations about implementing them.
Carefully following best investigative practices can help avoid harming people and avoid costly litigation.
Preventing and responding to sexual abuse is a major issue for churches and ministries. This article discusses the various ways in which attorneys can help organizations prevent and respond to abuse and discusses what ministries should expect from their attorneys.
Have you ever had a witness demand a virtual (Zoom) interview for an employment investigation? It’s not as simple as it sounds.
A review of the new federal statute ending contractually obligated pre-dispute arbitration of claims for sexual harassment and sexual assault, and the practical effect it has on employers.
The EEOC abandoned its policy disfavoring mandatory arbitration for employment disputes. The new policy is now consistent with current case law. This post addresses what employers need to know.
In the fall of 2017, the #MeToo movement erupted on to the national stage and continues to impact many areas of society—particularly the workplace. But have there been unintended consequences?