There is a growing trend in the law well known to attorneys. More and more legal rules are requiring people involved in lawsuits to pursue ADR before they can get to trial. What is ADR? It stands for Alternate Dispute Resolution. This means mediation and arbitration.
Mediation is a way of getting parties to voluntarily settle their dispute with a help of a trained mediator or a team of mediators. Arbitration is a way of getting an arbitrator, who acts like a judge, to make a decision on who wins and who loses after an arbitration hearing, much like an informal trial.
The reality is that our courts are overwhelmed. Judges, being humans, can’t often give cases the attention they deserve. Decisions affecting child custody and family relationships will often be made in a manner of minutes. This is no fault of our esteemed local commissioner. Imagine trying to sum up all the important dynamics of your own family in a matter of a few minutes to a person who doesn’t know you. And then imagine trying to argue that your perspective of your family is the right one.
Kitsap County Superior Court requires practically all lawsuits where the amount of money is equal to or less than $50,000 to go through mandatory arbitration before going to trial. Not long ago, that number was $35,000. All indication is that it will continue to rise.
Our federal district court also requires the parties to agree on a plan for ADR before getting to trial unless good cause is shown otherwise. It is next to impossible to convince a federal judge that the parties ought not try ADR.
I think our courts are unwittingly beginning to emulate ADR principles established in the Bible. For those of us who are followers of Jesus Christ, it is important that we adopt a Christlike perspective on alternatives to trial. Jesus has much to say about this:
Settle matters quickly with your adversary who is taking you to court. Do it while you are still together on the way, or your adversary may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison. Truly I tell you, you will not get out until you have paid the last penny. Matthew 5:25-26 (NIV).
Clearly Jesus is a big fan of ADR. And then in 1 Corinthians, Paul had plenty to say about lawsuits between Christians:
If any of you has a dispute with another, do you dare to take it before the ungodly for judgment instead of before the Lord’s people? Or do you not know that the Lord’s people will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, do you ask for a ruling from those whose way of life is scorned in the church? I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother takes another to court—and this in front of unbelievers! The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers and sisters. 1 Corinthians 6:1-8 (NIV).
Thus, disputes among followers of Jesus must go through a church-led ADR process or be abandoned. There is no sicker feeling than to see churches or pastors involved in lawsuits with other churches or pastors. Even non-Christian judges hate it.
As an attorney, if I ignore the mandatory ADR process and show up for trial, the judge will reprimand me. It is embarrassing and ultimately harms my client. But if we as followers of Jesus ignore His own ADR guidelines and procedures, we end up embarrassing Jesus and harming both ourselves and the church.
So if you find yourself in conflict with another follower of Jesus, ask yourself this: what ADR procedures is Jesus requiring me to submit to?