Home Guidelines Christian Health Care Newsletter Section XII


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XII. Disagreement and Reconciliation

Samaritan Ministries is a community of Christians and its members, as followers of Christ, 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 church (see Matthew 18:15-20; 1 Corinthians 6:1-8). A member who chooses to violate this command of scripture and his covenant with his SMI brethren, and takes a dispute to court, destroys our fellowship and has chosen to be as if he had never been a Samaritan Ministries member, and to not have his needs shared with the membership.
Therefore, in becoming a member or renewing your membership, you agree that any claim or dispute you have with, or against SMI, its employees, directors, members and associate members, that is related to SMI and its ministries in any way, shall be settled by Biblically based mediation and, if necessary, legally binding arbitration. And SMI agrees similarly with respect to any matter SMI might have against you. The procedure to be used depends upon the nature of the issue as explained in paragraphs A and B.

A. Questions Regarding Whether a Need Is Publishable
Nearly all needs can be determined to be publishable or not publishable according to Guidelines. In matters where the Guidelines may not provide absolute clarity, Samaritan Ministries can usually determine whether the need should be published according to procedure and precedent. If Samaritan Ministries cannot determine whether the need is publishable, or if you believe we are misinterpreting the Guidelines or your circumstances, the need may be submitted to thirteen randomly chosen subscribers who will review the need to determine whether it is publishable.

B. Resolution of All Other Issues
Any issue not included under paragraph A to be resolved by the thirteen member panel, shall be settled in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (Peacemaker Ministries). See www.HisPeace.org. However, if both SMI and the member agree, the dispute may be submitted to a randomly selected panel of members instead. In all events a member will have available the same relief as a court could grant. SMI will pay all of the arbitrator's fees and costs unless the arbitration determines there was no reasonable basis for the member's complaint.

C. You and SMI Agree Not To Go to Court
You understand that these methods shall be the sole remedy for any controversy or claim arising out of your relationship with SMI and expressly waive your right to file a lawsuit in any civil court against SMI, its employees, members, associate members and directors, for such disputes, except to enforce an arbitration decision obtained under paragraphs A or B. This also includes any determinations as to whether the matter in dispute comes within this arbitration agreement or can be required to be arbitrated. Judgment upon an arbitration award under either paragraphs A or B may be entered only in the Circuit Court of Peoria County, Illinois.

Resolving disputes within the Body of Christ is always the command of scripture and in the interest of all our members (I Corinthians 6). Therefore, even if SMI or a member participates to some extent in a court proceeding regarding a matter in dispute, this participation will not be forfeiting the ability to later demand that the dispute be resolved by these arbitration
procedures.





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