Conflict Resolution - Arbitration: On rare occasions, a conflict may develop between a counselor and counselee. First Corinthians 6:1-8 forbids Christians from bringing lawsuits against one another in secular courts of law. In order to ensure that such conflicts are resolved in a biblically faithful manner, we ask that you agree to the following steps. First, the parties agree to participate in biblical mediation to be conducted by an individual (or individuals) agreed upon by the parties or, if no agreement is reached, by a member of the biblical counseling faculty at The Master’s University and Seminary or the Expositors Seminary, or, if one is not available, by a pastor or if one is not available, by a Christian, biblical mediator who is certified by The Institute for Christian Conciliation and/or by the Association of Certified Biblical Counselors. The parties agree to participate in and mediate in good faith. Second, if mediation is unsuccessful, the parties will submit their dispute to legally binding arbitration in accordance with the Rules of Procedure of the Institute for Christian Conciliation (a copy is available upon request). Initially, the parties shall split the cost of the arbitration equally between the two sides. In light of the fact that this counseling is voluntary and not for compensation, counselee waives all rights to special and consequential damages of any nature and waives all claims for negligence arising out of any act or omission of the counselor or anyone working with him/her. This agreement and the issues raised in counseling are not matters of public interest; they are private and relate to personal faith and scripture. Judgment upon an arbitration award may be entered in any court of competent jurisdiction so long as the terms of this agreement were followed. Each party will be responsible for his/her own attorneys’ fees, although the prevailing party in any such arbitration shall recover his/her arbitration costs (not attorneys’ fees). The determination of “prevailing party” shall be made by the conciliator/arbitrator after taking the circumstances and claims into consideration. This entire agreement shall be binding upon the counselee and his/her family members, assigns, and heirs.
It is expressly understood that, by consenting in advance to such arbitration, the counselee is waiving his right to a trial in the civil courts. By signing this consent, you agree that you will not attempt to subpoena or require any counselor to appear in any legal proceeding related to any matters discussed during counseling; nor will you attempt to subpoena any notes or records related to this counseling.