From the Mountain Park Enrollment Packet:
MOUNTAIN PARK BAPTIST CHURCH AND BOARDING ACADEMYBINDING ARBITRATIONBelieving that lawsuits are prohibited by Scripture (I Corinthians 6:1-8), all teachers, staff, board members, volunteers, parents, grandparents, guardians, students, or anyone else involved in dispute agree to submit to binding arbitration any matters which cannot otherwise be resolved, and expressly waive any and all rights in law and equity to bringing any civil disagreement before any court of law, except that judgment upon the reward rendered by the arbitrator may be entered in any court having jurisdiction thereof. PROCEDURES FOR ARBITRATION SECTION 1 Scope of Arbitration 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 church discipline. If the scope of the dispute for arbitration cannot be agreed upon by the parties, the scope shall be determined by the arbitrators. SECTION 2 Submission to Arbitration 2.1 The parties as Christians, believing that lawsuits 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 agreed 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 Mountain Park Baptist Church's statement of faith in its entirety.
b. Each party shall submit a list of three proposed arbitrators to the other party, and the other party shall choose one of the three proposed arbitrators to serve on the panel. c. The third arbitrator will be selected by the mutual agreement of the other two arbitrators. d. In selecting the 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 arbitrators may be an attorney. f. No arbitrator may be employed by, or under authority of, either party or 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 arbitration. h. The arbitration will be held at a neutral site agreed to by the arbitrators. 2.2 The arbitrators shall, subject to the provisions of these procedures, arbitrate the dispute according to the terms of these procedures, the Bible as interpreted by the Mountain Park Baptist Church's statement of faith, and any applicable church documents. 2.3 Each party may be represented by counsel throughout the process at their own expense. Each attorney shall have the absolute freedom to ask questions of any witnesses during the arbitration process. Formal rules of evidence shall not apply. SECTION 3 Terms and Conditions of Arbitration 3.1 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. 3.2 The arbitrators shall hold the arbitration hearing as soon as possible, but no later than 30 days after selection of the third arbitrator. 3.3 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 as determined by the arbitrators. 3.4 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 promptly. 3.5 There will be no post hearing briefs. 3.6 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 than 48 hours from the date of the conclusion of the hearing unless otherwise agreed by the parties. The arbitrators may, in their discretion, famish an option. SECTION 4 Conduct and Rules of Hearing 4.1 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. 4.2 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. 4.3 If a party defaults in any respect referred to in Paragraph 4.1, above, the arbitrators may proceed with the arbitration in their discretion as if no such evidence were in existence, insofar as it may be favorable to the party in default. 4.4 All presentations shall be controlled by the arbitrators. Any disputes regarding procedure shall be decided solely by the arbitrators. SECTION 5Duties of Arbitrators 5.1 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. 5.2 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 may be duly acknowledged as such. 5.3 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. SECTION 6Decision of Arbitrators 6.1 It is preferred that the arbitrators reach a unanimous decision, but if a unanimous decision 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 reward rendered by the arbitrators may be entered in any court having jurisdiction thereof. There is no appeal from the decision of the arbitrators. 6.2 The decision of the arbitrator's to be kept confidential by all parties for a period of one year. For purposes of these procedures, the Mountain Park Baptist Church membership may be informed of the decision if the church or any church pastors, officers, trustees, employees, or board members were a party to the proceeding. 6.3 Should any party commence legal proceedings against another party with the respect to the agreed scope of the dispute or the binding decision of the arbitrators, with the 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 attorneys' 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 costs of said proceedings, including reasonable attorneys' fees. SECTION 7 Parties to Cooperate 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 proceedings of this arbitration to his or her spouse, legal counsel, accountants, insurance carrier, and as otherwise required by law. SECTION 8 Costs and Expenses Each party shall pay his or her own costs and expenses related to presenting the party's case to the arbitrators. The costs of the arbitration, including any fees for the arbitrators, is to be shared equally by both parties. SECTION 9 Amendments These Procedures for Arbitration may be revised or amended by a majority vote of the church membership at any regular church business meeting. SECTION 10 Adoption 10.1 These Procedures for Arbitration were adopted by a majority vote of the church membership at which a quorum was present. 10.2 These Procedures for Arbitration supersede any other Procedures for Arbitration previously adopted by the church membership if any exist. Signatures and Dates: ______________________________________ ________________________________ ______________________________________ ________________________________ ------------------------------------------------------------------------------------------------------------------------------------------------------------------- On this _______ day of _________________________, 20____, personally appeared before me, a Notary Public. State of _________________________ County of ______________________ Witness my hand and official seal. _______________________________ (Notary Public) (Notary Stamp) My commission expires __________________, 20_____ |
=====================================================================================
MISSOURI LAW CONCERNING ARBITRATION AGREEMENTS:
RSMo 435.460. Each contract subject to the provisions of sections 435.350 to 435.470 shall include adjacent to, or above, the space provided for signatures a statement, in ten point capital letters, which read substantially as follows: "THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES." (Emphases added.)
Validity of arbitration agreement, exceptions.
RSMo 435.350. A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract.... (Emphases added.)
Missouri has defined an “adhesive contract” as “one in which the parties have unequal standing in terms of bargaining power...and often involve take-it-or-leave-it provisions in printed form contracts.” High Life Sales Co. v. Brown-Forman Corp., 823 S.W. 2d 493, 497 (Mo. 1992) (en banc). (Emphases added.)
MOUNTAIN PARK ENROLLMENT APPLICATION
SAYS:
“...I
understand that acceptance of this application by Mountain Park
Baptist Boarding Academy, together with the regulations and conditions
of the academy, shall constitute the contract between us for
the entire year or as otherwise written into this form....”
===============================================================================
Survivor Comments
In this agreement we see that Mountain Park claims that they do not believe in lawsuits because of Scriptures. Well, let’s see what the Scriptures they cite actually say:
“Dare any of you, having a matter against another, go before the unjust, and not before the saints? Do ye not know that the saints shall judge the world? And if the world shall be judged by you, are ye unworthy to judge the smallest matters? Know ye not that we shall judge angels? How much more things that pertain to this life? If then ye have judgments of things pertaining to this life, set them to judge who are least esteemed in the church. I speak to your shame. Is it so, that there is not a wise man among you? No, not one that shall be able to judge between his brethren? But brother goeth to law with brother, and that before the unbelievers. Now therefore there is utterly a fault among you, because ye go to law with one another. Why do ye not rather take wrong? Why do ye rather suffer yourselves to be defrauded? Nay, ye do wrong, and defraud, and that your brethren.” 1 Corinthians 6:1-8
So basically, the Scripture is saying people are bringing their lawsuits before unjust people, and not before the church, and are being defrauded when taking things to court. How Christianly these people are to consider the local court system the “unjust” and to be able to decide for themselves who is “esteemed among the church” enough to be qualified to settle their disputes. Conveniently, each person they deem qualified must be “born-again Christians of good reputation in the community and who affirm Mountain Park Baptist Church's statement of faith in its entirety.” So, they basically have to agree with Mountain Park to be considered for the job. Perfect for them.
How, in any legal system in this country, can someone who has never read this document and is of legal age to make their own decisions, have their right to bring a lawsuit against someone signed away by another person? The very first statement that the parents are agreeing to in this states “… all teachers, staff, board members, volunteers, parents, grandparents, guardians, students, or anyone else involved in dispute agree to submit to binding arbitration any matters which cannot otherwise be resolved, and expressly waive any and all rights in law and equity to bringing any civil disagreement before any court of law…” Do we see a pattern developing here? The attempt to snowball the parents into thinking there is any merit to this document is completely mind-blowing. The fact that many of the parents who bring their children into Mountain Park are professionals, with a certain amount of common sense, and they still signed this, is just a sign as to how deceiving the staff of Mountain Park can be.
You cannot sign away the legal rights of another person any more than you can walk into their home and take their possessions and then tell them they can't have you arrested. It's ludicrous.