OUR courts are so overwhelmed with cases that the Government is looking into other means of resolving citizen disputes. Minister in the Prime Minister’s Department Datuk Seri Rais Yatim recently said one of the ways being considered to overcome the backlog of cases with the court registrar was mandatory conciliation process through mediation or arbitration – a method of settling disputes before they reach the court.
He may have heard of the success of Singapore-based Eagles Mediation and Counselling Centre (EMCC), the only agency appointed by the Singapore Subordinate Courts to mediate divorce cases. The Christian-run centre is the only non-profit organisation in the island that provides mediation and counselling services under one roof.
Recognising the need for mediation services in Malaysia, NECF Malaysia is establishing a Mediation and Conflict Resolution ministry and has officially adopted EMCC as its training arm to train Malaysian Christians to develop this mediation ministry in their own churches.
NECF aims to equip churches to be mediators of peace and reconciliation in their communities, and also help churches resolve internal conflicts so that they can remain united in reaching their communities for Christ. The long-term goal is to set up Christian mediation centres that are so reputable that the courts will refer them cases for mediation.
What is Christian mediation and how does it work? NECF Executive Secretary (Church Relations) PATRICK CHENG, who recently attended an EMCC workshop on “Mediating Family & Church Conflicts”, explains.
What is Christian mediation?
Christian mediation is a process for reconciling people and resolving disputes out of court in a biblical manner. The process is conciliatory rather than adversarial in nature – that is, it encourages honest communication and reasonable cooperation rather than unnecessary contention and advocacy.
What are the benefits of Christian mediation?
Christian conciliation promotes traditional values, preserves relationships, encourages beneficial change, avoids negative publicity, provides a positive witness, and is relatively inexpensive. In addition, Christian conciliation is less constrained by rigid procedures compared to litigation, thus often allowing more creative remedies and faster results.
Another benefit is that Christian conciliators have more flexibility than civil judges when it comes to hearing testimony or reviewing evidence. Thus, if a dispute involves defects in the construction of a building or the repair of an automobile, a conciliator may personally inspect the building or drive the car. As a result of this flexibility, parties often feel that the facts and issues in the case are given a more personal review than will a court of law.
Christian conciliation is especially beneficial for people who sincerely want to do what is right and are open to learning where they may have been wrong. Conciliators can help them to identify improper attitudes or unwise practices, to understand more fully the effects of their decisions and policies, and to make improvements in their lives and businesses that will help them to avoid unnecessary conflict in the future.
As one party wrote after conciliation: “The most valuable thing we received from Christian conciliation was sound advice seasoned with godly wisdom. I really believe that the right answer was attained. The answers you gave were not what I came to hear, but I knew they were right. You could not have been more helpful. Our only regret was that we waited much too long to come to you.”
How does Christian conciliation differ from other types of mediation?
Christian conciliation is more values-oriented than most other types of mediation. While all mediators will work towards helping the parties to come to a voluntary settlement, many mediators will be reluctant to go beyond this, especially if doing so would require that they evaluate others’ attitudes and behaviour from a moral perspective.
In contrast, Christian conciliators make it a point to draw out the underlying reasons for a dispute, sometimes referred to as “matters of the heart.” Believing that God has established timeless moral principles that He has recorded in Scripture and written in our hearts, Christian conciliators will draw the parties’ attention to attitudes, motives, or actions that appear to be inconsistent with those standards.
This will be especially true with parties who profess to be Christians. Anyone who claims to be a follower of Christ will be encouraged to obey His commands and behave in a manner that will honour Him. Most importantly, Christian conciliation focuses not only on what we should do (law) but also on what God has done and is doing for those who trust in Him (gospel). God has forgiven our sins and made peace with us through the death and resurrection of His Son (Rom. 6:23; 1 Pet. 3:18). And He has given us the freedom and power to turn from sin (and conflict), to be conformed to the likeness of Christ (Eph. 2:1–10; Gal. 5:22–23; Rom. 8:28–29), and to become ambassadors of reconciliation (2 Cor. 5:16–20).
Who can provide Christian mediation services?
Unlike the legal profession, which only trained lawyers can practise, Christian mediation services may be provided by an individual volunteer or a local church. When Christian mediators have proven themselves capable and successful to mediate between conflicting parties, they can further strengthen the church’s image in nation building, like in the case of EMCC which is valued by the Singapore government.
What types of disputes can be resolved through Christian mediation?
1) Between Non-Christians
Christian mediation has helped to settle a wide variety of disputes including contracts, employment, personal injury, church, family, landlord/tenant and business. Helping people to resolve family disputes can be a powerful tool to bridge the Church and the community. As our society becomes more and more industrialised, family breakdowns are more common. Increasing pressure in life and work have also given rise to tensions and conflicts in interpersonal relationships. Even the closest friends have disagreements. In view of our face-saving Asian mentality, many people will not seek counselling but legal arbitration to resolve their problems. Not many churches are able to offer free legal advice since they have to depend on their members who are lawyers. However, lay people can be trained to be mediators. Cases that can be resolved through Christian mediation range from family disputes – divorce, child support, properties – to seemingly petty issues such as a neighbour’s barking dog.
2) Between Christians
The best-run church also experiences discord. A church is as susceptible to conflicts as any other secular organisation in the marketplace. A conflict between two people in a church may affect an entire congregation, unresolved tensions between pastors and leaders may rob the church of effective leadership, and disputes between members in business with one another may lead to lawsuits, and so on. As a result, people get hurt, some leave the church or ministry, division occurs and eventually leads to church split and unforgiveness. However, we can develop a Biblical approach to transform conflicts into something positive that can strengthen our partnership and ministry.
“Christian conciliators make it a point to draw out the underlying reasons for a dispute,
sometimes referred to as “matters of the heart.”
~ Patrick Cheng ~ |
