Terms of Arbitration
ALTERNATIVE DISPUTE RESOLUTION
We believe that ViewPoint Christian Academy has all the resources necessary to resolve personal disputes that may arise among its officers, faculty, staff, board members, agents and students. ViewPoint Christian Academy has chosen an Alternative Dispute Resolution (ADR), including the use of arbitration (See our established procedures for arbitration), to resolve conflicts in lieu of going to court. We do not believe that Christians are free to make demands, threaten, sue or actually litigate any matter among themselves, to do so would be in clear violation of the Biblical prohibition contained in 1 Corinthians 6:1-8, which, as a part of our faith, we are commanded to obey. We have agreed to waive any legal right to take non-criminal disputes to a court of law. We have agreed to submit any and all non-criminal disputes, differences and controversies whatsoever, that any party continues to contest after the Matthew 18 principles have been applied, to binding arbitration.
THE MATTHEW 18 PRINCIPLE:
A process for restoration and reconciliation
The members, students and staff of ViewPoint Christian Academy (ViewPoint) are expected to demonstrate a special loyalty to and concern for one another. When one of the aforementioned has been offended by or has a grievance against another member of the VIEWPOINT family and wishes to see the dispute resolved he must go to the offending party and seek a restoration of their relationship. Before going the offended person should first examine himself. When he goes he should go with a spirit of humility sincerely seeking the restoration of the resolution of the dispute and the restoration of the fractured relationship. (Mat. 18:16; Gal. 6:1)
If reconciliation is not achieved by Step I, then the person seeking to achieve the restoration of the relationship must approach the other party, a second time, in the company of a person who holds a leadership position in the school. This second step should also be preceded by self-examination and followed through within a spirit of humility. (Matt. 18:16; Gal. 6:1)
If the matter remains unresolved after the steps above have been taken, then the matter must be brought before the ViewPoint Christian Academy School Board. The ViewPoint Christian Academy School Board will hear the matter. The ViewPoint Christian Academy School Board are responsible for dealing with murmuring and grievances within the school family. If the matter between the parties cannot be resolved before the ViewPoint Christian Academy School Board the ViewPoint Christian Academy School Board shall recommend that after self-examination the concerned parties make a final effort in private conference with one another to resolve their differences and be reconciled. (Matt. 18:17; Gal. 6:1)
If the matter is still unresolved after all of the above steps have been taken, the party(s) to the dispute who refuses to repent and be restored or reconciled shall be, by majority vote of the ViewPoint Christian Academy School Board, subject to such discipline as the ViewPoint Christian Church Board of Directors deem appropriate, not excluding dismissal.
The procedures outlined above are based upon Matthew 18:15-20; Romans 16:17-18; I Corinthians 5:11-13; I Thessalonians 3:6,10-15; I Timothy 5:19-20; and Titus 3:10-11. To the extent that any of the procedures stated in this section contradict the Scriptures (as interpreted by the board of directors of ViewPoint Christian Academy), the Scriptures shall govern.
PROCEDURES OF ARBITRATION:
Scope of Arbitration:
1. Members, staff and students (parents/legal guardians of students under the age of 18) of ViewPoint Christian Academy are agreed that all disputes, apart from public offenses (crimes against someone), will be settled through the ADR process.
2. The parties must, prior to the selection of arbitrators, agree to the scope of the matters to be considered by the arbitrators. In doing so the parties must conduct themselves with the utmost courtesy as befits believers in Jesus Christ. Failure to do so shall be considered a proper matter for school discipline. If the scope of the dispute for arbitration cannot be agreed upon by the parties, the scope shall be determined by the arbitrators.
Submission to arbitration:
3. The parties as Christians, believing that civil lawsuits between Christians are prohibited by Scripture and having agreed to submit disputes to binding arbitration, and to waive any legal right to take the dispute to a court of law, will refer and submit any and all disputes, differences, and controversies whatsoever within the scope of arbitration to a panel of three arbitrators, to be selected as follows:
a. All arbitrators must be born again Christians of good reputation in the community and who affirm the school’s statement of faith.
b. Each party shall submit a list of three proposed arbitrators to the other party, and the other party will choose one of the three proposed arbitrators to serve on the panel.
c. The third arbitrator will be selected by mutual agreement of the other two arbitrators.
d. In selecting arbitrators, each party will act in good faith in choosing Christian arbitrators who have no prior knowledge of the facts leading up to the dispute, are not related to or close friends with the selecting party, and who will act impartially and with fundamental fairness.
e. No arbitrator may be an attorney.
f. No arbitrator may be employed by, or under the authority of, either party or the other arbitrators.
g. The arbitrators will be selected as soon as possible but no later than 30 days after the parties have agreed to the scope of the arbitration.
h. The arbitration will be held at a neutral site agreed to by the arbitrators.
i. The arbitration agreement will not be signed until the arbitrators are agreed upon.
4. The arbitrators shall be subject to the provisions of these procedures and arbitrate the dispute according to the terms of these procedures, the Bible as interpreted by the school’s statement of faith, and any applicable school documents.
- Each party may be represented by counsel throughout the process at their own expense. Each attorney shall have absolute freedom to ask questions of any witnesses during the arbitration process. Formal rules of evidence shall not apply. Formal rules of discovery shall not apply and a discovery process agreed upon by the parties must be used.
Terms and Conditions of Arbitration:
6. The arbitrators shall have full power to make such regulations and to give such orders and directions as they shall deem expedient in respect to a determination of damages in the matters and differences referred to them.
7. The arbitrators shall hold the arbitration hearing as soon as possible, but no later than thirty (30) days after the selection of the third arbitrator.
8. There shall be no stenographic record of the proceedings, and all proceedings are closed to the media and any other parties not directly involved in the proceedings.
9. Normally the hearing shall be completed within 3 hours. In unusual circumstances and for good cause shown, the arbitrators may schedule an additional hearing to be held within 7 days of the initial hearing.
10. There will be no post hearing briefs.
11. The arbitrators are to make and publish their award, in writing, signed by each of them concerning the matters referred, to be delivered to the parties no later that 48 hours from the date of the conclusion of the hearing unless otherwise agreed by the parties. The arbitrators may, in their discretion furnish an opinion.
Conduct and Rule of Hearing:
12. The arbitrators may, in their absolute discretion, receive and consider any evidence they deem relevant to the dispute, whether written or oral, without regard to any formal rules of evidence.
13. The parties and their respective witnesses must, when required by the arbitrators, attend and submit to examination and cross-examination under oath as to all or any of the matters referred to in the proceedings, and to produce and deposit with the arbitrators all or any evidence in their possession or under their control concerning such matters.
14. If a party defaults in any respect referred to in Paragraph 12, above, the arbitrators may proceed with the arbitration in their discretion as if no such evidence were in existence, in so far as it may be favorable to the party in default.
15. All presentations shall be controlled by the arbitrators. Any disputes regarding procedure shall be decided solely by the arbitrators.
Duties of Arbitrators:
16. The arbitrators are to receive all evidence prayerfully, consider such evidence in an impartial manner, and render a decision which, based upon Scriptural principles, is fair to both parties.
17. The arbitrators have full power to order mutual releases to be executed by the parties, and either of the parties failing, such orders shall have the effect of a release, and be duly acknowledged as such.
18. In the event that either party or a witness for either party shall fail to attend the arbitration hearing, after such written notice to such party as the arbitrators shall deem reasonable, the arbitrators may proceed in the absence of such party or witnesses without further notice.
Decisions of Arbitrators:
19. It is preferred that the arbitrators reach a unanimous decision, but if a unanimous position cannot be obtained, a majority decision will be accepted. The written decision of a majority of the arbitrators shall be final and binding on all parties, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. There is no appeal from the decision of the arbitrators.
20. The decision of the arbitrators is to be kept confidential by all parties for a period of one year. For purposes of these procedures the members, staff, students or parents of students under the age of 18 may be informed of the decision if any of the aforementioned were a party to the proceeding.
21. Should any party commence legal proceedings against any other party with respect to the agreed scope of the dispute or the binding decision of the arbitrators, with an exception of an action to enforce the decision of the arbitrators, that party shall pay to the other party all expenses of said proceedings, including reasonable attorney’s fees. In the event it becomes necessary for one party to commence legal proceedings to enforce the decision of the arbitrators, the non-prevailing party must bear all of the costs of said proceedings, including reasonable attorney’s fees.
Parties to Cooperate:
22. No party is to unreasonably delay or otherwise prevent or impede the arbitration proceedings. No party will involve the news media in the dispute in any way. No party shall publicize the dispute in any way to anyone not a party to the proceedings, except as permitted by the arbitrators, and except that a party may disclose the proceedings of this arbitration to his or her spouse, legal counsel, accountants, insurance carrier, and as otherwise required by law.
Costs and Expenses:
23. Each party must pay his own costs and expenses. The cost of the arbitration, such items as transportation, food, and facilities are to be shared equally by both parties. The parties shall also share the cost of the arbitrators fees ($10.00 per hour per arbitrator).
24. These Procedures for Arbitration may be revised or amended by a majority vote of the board of directors present and voting at a regular meeting.
25. These Procedures for Arbitration were adopted by a majority vote of the board of directors at which a quorum was present.
26. These Procedures for Arbitration supersede any other Procedures for Arbitration previously adopted by the board of directors if any exist.