Understanding Nonjudicial Settlement Agreements

Nonjudicial Settlement Agreements are more than a legal tool; they hold the potential to serve as a valuable asset in preserving the relationships and peace within church communities. With conflict arising from within or outside the church, parties may benefit from the promises held in these agreements.

A comprehensive nonjudicial settlement approach-allowing for a simplistic resolution to spiritual, communal, family and organizational conflicts-may avoid the expense of litigation and steer clear of any potential rifts that could stem from such a process. The potential disasters of internal conflict-be it over property, decisions that affect a congregation or the interpretation of a will in the name of God-could be devastating if drawn out through court proceedings and public opinion. Instead, a nonjudicial settlement agreement allows for an agreement that works best for those involved, safeguarding the faith and its people.

Lawsuits amongst church communities almost always have the possibility to break unity and camaraderie. In particular, congregations that experience an increasing number of conflicts-financial, direction, leadership, doctrinal or disagreements coming from the congregation-may find their conflict arise during their attempts to decide the future of the church without compromising core values. Furthermore, these conflicts are more likely to arise in churches that have not recently experienced any change (i.e., new leadership or new locations).

Part of the issue may be due to the fact that many religious and spiritual groups do their research before making major changes. The other part of the issue comes from a misconception about what nonjudicial settlement agreements can do to be a part of the solution to their problem.

When parties agree to take on a nonjudicial settlement agreement, they open themselves up to understanding, reconciliation and acceptance of one another. In other words, a nonjudicial settlement agreement can be a tool to reach a consensus for internal issues. In addition, using a nonjudicial settlement agreement can open doors that wouldn’t have otherwise opened due to mistrust (i.e., between trustees) and allow them to find a way to agree to what benefits all, rather than what benefits one individual. For this reason, it can be beneficial for church leaders to set an example by inviting members to a meeting or conference to discuss the matter at hand, and then come to a conclusion that each party can respect and accept.

Unfortunately, there are those in the church today who would act upon their desire to prove themselves right over the values that God has set before them. Without a nonjudicial settlement agreement, this intra-religious conflict may end itself through a lawsuit. By choosing instead to use an agreement to settle the matter before a final decision is made, the parties can talk through the matter and develop a relationship that could move beyond that point of disagreement. In fact, they may find that it was because of that disagreement that the reconciliation was possible for them, as it would be the thing that they could work together to resolve.

A nonjudicial settlement agreement requires church parties to come to terms, and figure out a way to trust one another in the situation. For this trust to happen, there must be a conversation that heads toward a resolution that everyone can accept. This way, the court is not needed to settle the matter, and the people can come together rather than apart.

The benefits of a nonjudicial settlement agreement are many, as this approach can give a dose of spiritual value back to matters that should naturally belong to the church. For example, provisions for the sale of property or the distribution of property, as well as the valuation of the property, can be done without resorting to court or a judge making the decisions for them. An agreement can also provide a means to file a petition with the court, as the parties involved may choose to have the document approved and judicially accepted.

Are you involved in a church group? If so, consider how a nonjudicial settlement agreement could help you and your group from having to head to court. These legal agreements can be powerful tools in dispute resolution, without any of the messy complications of the courtroom. Take advantage of this opportunity to resolve church matters as a group, rather than as individuals.