XII. Reconciling Disagreements
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 Christian church (see MATT 18:15-20; 1 COR 6:1-8). SMI does not understand these scriptures to prohibit believers from cooperating with governmental authorities when a crime has been committed by another professing believer (ROM 13:1-7). 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 reaffirming your membership, you agree that any civil 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 civil matter SMI might have against you. The procedure to be used depends upon the nature of the issue as explained in Sections XII.A and XII.B.
A. Questions Regarding Whether a Need is Shareable
Nearly all needs can be determined to be shareable or not shareable according to the Guidelines. In matters where the Guidelines may not provide absolute clarity, Samaritan Ministries can usually determine whether the need should be shared according to procedure and precedent. If Samaritan Ministries cannot determine whether the need is shareable, or if you believe we are misinterpreting the Guidelines or your circumstances, upon your written request explaining why you believe the bills in question are shareable under the Guidelines, the need will be submitted to a panel of 7 to 13 randomly chosen members who will review the need to determine whether it is shareable. The panel’s decision will be binding on both SMI and the member. Your written request must be postmarked, or received by Samaritan Ministries International, no later than 90 days after you received the staff’s response to your last internal appeal.
B. Resolution of All Other Issues
Membership requirement issues related to your payment of shares or your integrity (with respect to the submission and payment of medical bills) may be appealed to the Institute for Christian Conciliation as explained below. All other questions regarding whether you meet membership requirements may be appealed to the Board of Directors who make the final, non-appealable decision.
Any other issue shall be settled in accordance with the Rules of Procedure for Christian Conciliation™ of the Institute for Christian Conciliation. (Complete text of the Rules is available at ICCpeace.com or by contacting ICC Peace at [email protected]). However, if both SMI and you agree, the dispute may be submitted to a randomly selected panel of members instead. In all events, you 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 your complaint, in which case you will be responsible for the fees and costs.
C. You and SMI Agree Not to Go to Court
You understand that these methods shall be the sole remedy for any civil 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 Sections XII.A or XII.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. If an arbitration decision has been made and anyone is failing to follow that decision, then in order to enforce the arbitration award under either Sections XII.A or XII.B, the decision 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 (MATT 18:15-20; 1 COR 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.
D. Applicable Law
For all civil matters of procedure and substance regarding any dispute or claim that comes within these mediation/arbitration requirements, the laws of the State of Illinois, and if applicable of the United States, shall govern.