Podcast: Play in new window | Download
Subscribe: Apple Podcasts | Spotify | Amazon Music | Podcast Index | RSS
Destructive internal conflict is one of the greatest threats to the effectiveness of a church. It can result in disunity, loss of members, reduction in giving, pastoral burnout and harm to the church’s witness for Christ. That said, all churches have conflict. People from differing perspectives with diverse gifts and unique ideas will have differing opinions on what is best for the life of the church. These factors and more lead inevitably to conflict.
Conflict is not something we should automatically feel guilty about. Jesus experienced conflict and even initiated it (Matthew 21), the Apostles had it (Mark 10:35-45), Paul experienced it (Acts 15) and the New Testament church experienced several conflicts that could have crippled it (Acts 6:1; Galatians 2:11). In many of these Biblical examples, God used the conflict to further His purposes.
The key is to have good fights and to develop a culture of peacemaking. Here are three legal tools that can help churches do just that.
Tool #1 A Bylaw Provision that Expresses a Commitment to Unity.
Though issues like religious freedom or marriage garner headlines, church disunity plays an outsized role in distracting churches from accomplishing their gospel ministry.
A church’s Constitution and Bylaws set out its Statement of Faith and the other general provisions governing the operations of the church. Though many church Bylaws explicitly address and monitor compliance with biblical standards concerning sexual ethics, financial accountability and truthfulness, the biblical principles concerning conflict resolution are often ignored or at least sidelined.
Your church’s legal documents are the the perfect place to set out Biblical standards and expectations concerning conflict resolution. Because an amendment to these documents often requires a congregational or board vote, this is a great opportunity to teach and preach the topic of conflict. Inserting a statement on unity in your churches bylaws helps lay the foundation for a culture of peacemaking. It becomes a part of a set of expectations concerning behavior in Church’s life.
Tool #2 A Thoughtful Approach to Staff Separations.
The termination of resignation of a staff member often prompts church division and even legal conflict. A severance agreement is a legal tool that can help avoid/contain strife over a staff separation.
A severance agreement is a contract between the church and a departing minister/staff member that exchanges compensation (often paid out over time) in exchange for a waiver of all legal claims, a promise not to compete and promise not to criticize the church. These agreements are generally in writing, are signed by both parties, are voluntary and must include some form of value (consideration) going both ways.
Tool # 3 Carefully Applied Church Discipline.
Church discipline should have as its first goal restoration. However, church discipline, if improperly conducted, can give rise to legal liability. The main issue is one of defamation. Churches should carefully follow the principles of Matthew 18 and should be cautious in disclosing details of the circumstances that gave rise to discipline. That said, if conducted properly, church discipline is an important tool in establishing expectations for membership and upholding Biblical principles.
Church conflict is inevitable, but the outcome of that conflict is not. Our goal is to help churches develop a culture of peacemaking, and these three tools are an important part of that foundation.