RELIGIONS AND MEDIATION, PART TWO

I’ll continue the discussion of mediation and religion with the Christian tradition. Since the Middle Ages, Christian clergy mediated disputes ranging from family disputes to international diplomacy.

In general, Christian dispute resolution techniques are rooted in Christian doctrine of forgiveness and reconciliation as expressed throughout the New Testament. The Apostle Paul in his letter to the Romans wrote, "Do not repay anyone evil for evil... If it is possible, as far as it depends on you, live at peace with everyone” (Romans 12:17-18). 

In the Sermon on the Mount, Jesus said, "Blessed are the peacemakers, for they shall be called the children of God” (Matthew 5:9). And Jesus provided a process: As recorded in the Book of Matthew, Jesus taught, “If your brother sins against you, show him his sin in private; if he listens, you have won your brother” (Matthew 18:15). If a resolution is not reached, Jesus taught that the grieving parties should bring witnesses and then if a resolution is still not reached the parties should, "take [their dispute] to the church (Matthew 18:17).

Interestingly, some have interpreted these teachings to strongly discourage Christians from taking disputes to secular courts. The Apostle Paul wrote in his First Letter to the Corinthians that those who take their neighbors to court never win in the eyes of God because "[t]he very fact that [Christians] have lawsuits among [one another] means [both parties] have been completely defeated already” (1 Corinthians 6:7).

It can be argued that the teachings of Jesus and the New Testament authors urge Christians to forgive one another, stay out of court, and resolve disputes in the most informal way possible. The Christian tradition of dispute resolution, then, has focused more on negotiation and mediation rather than arbitration or adjudication.

Notably in the U.S. colonies was the work of the Quakers. Their “behind-the-scenes” peace building efforts continue to this day to the Nigerian civil war and the independence of Zimbabwe. Today, Christian faith-based mediators, both in and out of formal church settings, provide mediation that helps disputing parties identify mutually beneficial outcomes to restore relationships in genuine peace.

Peter Costanzo
RELIGIONS AND MEDIATION, PART ONE

This time of the year I am often asked about mediation in religious traditions. While I am certainly not a religious scholar, I will share what I have been told about a variety of religions in this regard and will leave it open for others to correct me.

Religion #1: Judaism

Central to dispute resolution in the Jewish tradition is the concept of shalom (peace). Religious and community leaders are to pursue peace and prevent divisions and conflict in the community. Compromise is seen as an important method for settling civil disputes.

The Shulchan Aruch, the authoritative code of Jewish Law, states that judges should open all civil proceedings by proposing a compromise. The Jewish scholar and philosopher Maimonides promoted mediation and praised any judge who mediated compromises and didn’t have to make a legal ruling in his lifetime.

Jewish tradition does not provide directions for conducting mediation, so most use the standard process acting as an impartial evaluator of the merits of the dispute in confidence.

Overall, though, the Jewish approach to dispute resolution is significantly more formal than that of Christian or Islamic practices. Compared to dispute resolution in Christianity and Islam, the Jewish approach is more formal and can be conducted very much like a secular trial.

Din is the Hebrew word for a formal court proceeding. A Beth Din (or Beit Din) is an official Rabbinical Court. Beth Dins deal with Jewish divorces as well as adjudicating commercial disputes such as between business partners, employers and employees, congregations and rabbis and family members. Beth Dins rely primarily on Jewish law.

In a broad stroke, the Jewish tradition of dispute resolution in comparison to others is more formal and promotes compromise.

Peter Costanzo