Reference Panel
Conciliation
The governing principal for a Conciliation undertaken within Title IV is to seek a resolution between the Complainant and Respondent which promotes healing, repentance, forgiveness, restitution, justice, amendment of life, and reconciliation among the Complainant, Respondent, the affected community, and the Church. The process includes an independent third-party Conciliator who is trained to facilitate conversation and negotiation between the Complainant and Respondent. The Conciliation may also include the Bishop or a representative appointed by the Bishop to participate. In the referral to Conciliation, information will be provided to identify all of the issues to be addressed in any potential resolution reached through the Conciliation process.
If the parties reach an agreement on a suitable resolution of all issues, their agreement should be written by the Conciliator and signed by the parties, and will be incorporated in an Accord. If the parties are unable to reach agreement within a reasonable time, the Conciliator will simply report back to the Bishop Diocesan and Reference Panel that no agreement was reached. The Conciliation process includes the confidential sharing of information for purposes of seeking a resolution. No statements made by any participant in such proceedings may be used as evidence before a Conference Panel or Hearing panel.
Participants
The Intake Officer is a member of the Reference Panel and, as such, is the one who will most commonly make arrangements for the services of the Conciliator and help coordinate information regarding the Conciliation with the Respondent and Complainant. The Intake Officer will also receive the Report of the Conciliator on behalf of the Reference Panel indicating that the Conciliation was either successful in reaching an Agreement or that it was not successful.
The Respondent has an opportunity in the Conciliation process to participate in the negotiation of an outcome honoring the values of Title IV and acceptable and satisfactory to the Respondent and Complainant. If no such outcome is achievable in the meeting or conversations with the Conciliator and the Complainant, the Conciliation will have failed to produce an Agreement and the matter will be referred back to the Reference Panel.
The Bishop will often be the person who has selected a Conciliator, but will have no direct role in the Conciliation process other than to receive the Report of the Conciliator that an Agreement was reached or that no Agreement was reached.
The Chancellor may be involved in helping to recruit appropriately trained Conciliators from which a Conciliator in a given matter can be selected. Otherwise, a Chancellor will have no direct role in Conciliation.
Advisors for the Complainant and Respondent, respectively, should fully explain the Conciliation process to their charges. Typically, Advisors will not accompany their charges to Conciliation; however, the Canons do not specifically prohibit their participation.
The Respondent’s Attorney should advise the Respondent as to the nature of the Conciliation process and the opportunity for the Respondent to consult with counsel before any final agreement may be made arising from the Conciliation. The Respondent’s Attorney will advise the Respondent of the complete list of matters to be addressed, if there is an Agreement. The Respondent might otherwise continue to be liable for further disciplinary actions on any elements of the Complaint not addressed in the Agreement.
The Conciliator convenes and conducts the Conciliation. Conciliators sometimes act as mediators in a conference setting. At other times Conciliators meet separately and respectively with the Complainant and Respondent to work towards an Agreement acceptable to both parties. After the Conciliation has proceeded to a point of Agreement or to a point where the Conciliator determines that no Agreement is possible, the Conciliator will report the terms of the Agreement or that no agreement was reached in the Conciliation Report to the Reference Panel.
The President of the Disciplinary Board, as a member of the Reference Panel, will receive the report of the Conciliator, which will either contain the elements of an Agreement of Discipline or for Dismissal, or will report that no agreement was achieved.
