Tuesday, July 31, 2007

Network States Willingness to "Engage in Mediation" with National Church

From the Council of the Anglican Communion Network:

Delegates to the Network’s Annual Council have stated their “unconditional commitment to the unanimous urging of the Primates of the Anglican Communion that all existing litigation between The Episcopal Church (TEC) and those who have left TEC or are otherwise engaged in litigation involving claims of TEC, be suspended.”

The resolution, passed on July 31 in Bedford, TX, goes on to declare the Network’s willingness on behalf of its affiliates and partners “to engage in mediation” with TEC to find a mutually agreeable way forward.

The full text of the resolution follows:

RESOLVED, that the Anglican Communion Network (ACN) hereby declares its unconditional commitment to the unanimous urging of the Primates of the Anglican Communion that all existing litigation between The Episcopal Church (TEC) and those who have left TEC or are otherwise engaged in litigation involving claims of TEC, be suspended

FURTHER RESOLVED that the ACN declares anew its willingness and readiness, on behalf of its affiliates and partners, and those who hold similar values and positions, to engage in mediation for the purpose of resolving, on a global basis, property and other issues between TEC and those who have or intend to disengage from TEC

FURTHER RESOLVED that the Presiding Bishops and the Executive Council of TEC be informed of this resolution and be invited forthwith to engage in discussions designed to bring about such mediation.

9 comments:

Roger S. Williams said...

Interesting Photograph. In watching the live feed of yesterday's and today's proceedings the setting was NOT what is in the photograph shown here. What's up? This leads a inaccurate impression of the number involved in the meeting. Could someone shed some light (or clarity?) on this?

Anonymous said...

How very convenient that you want to suspend litigation now that you're on the legal ropes after last month's Californian debacles. Nope, no ulterior motives here!

Maybe you shouldn't have gone to court to steal diocesan property in the first place?

Kevin said...

Roger S. William -- Probably one of BB's GC photos, as a place with lots of purple shirts. (Think newspaper 'file photos' not that deceitful as press standard, though a small print disclaimer is probably warranted.

Anon - ACN has ALWAYS wanted to suspend litigation and negotiate. It is TEC who desires to go to court and threatens legal action. You're confuesd in your angst. Please, if you want to lop attacks, try to keep the facts straight.

Anonymous said...

Sorry Anonymous,

Not sure any breakaways initiated the court actions...

Not on the legal ropes in virginia

RalphM

Anonymous said...

RalphM, you've never actually read any of the Virginia Supreme Court cases on the subject, have you?

The breakaways first filed in court claiming the property was theirs. Reading comprehension lesson for today: "initiate" = "do first."

Time to hand over the cloak, RalphM.

Anonymous said...

Anonymous,

The only action by the VA Supreme Court in this case has been to authorize the consolidation of the claims by the DoV against the 11 churches.

The "breakaway" churches filed the results of their votes as provided for in VA statutes.

Remember, it was the DoV that ended negotiations that could have resulted in a settlement that would have most likely gotten the diocese a financial incentive to relinquish claims to the properties.

This could have been avoided if ++Lee had shown any backbone and told Beers and Schori that they had no standing here. As it is, the outcome will be settled by disinterested parties instead of by those who could have (and were in the process of)decided on a course that showed how those in disagreement can solve their issues.

RalphM

BabyBlue said...

That's right, RalphM. We filed our votes (following the Diocese of Virginia protocol) but did not take the next step on the property since the Bishop of Virginia invited us to join his Property Committee (also following the protocol) and we had elected representatives to his Property Committee. It was days after following Bishop Lee's instructions that he suddenly cancelled the Property Committee, cancelled the clergy health care, inhibited all the clergy (that had all ready transferred to CANA) and then sued everyone. I still wonder what David Booth Beers said to him.

But again - we filed our congregational vote at the courthouse. That's it.

bb

PS the photo is of the TEC House of Bishops at General Convention. If they agree to the Primates Communique, then they will suspend their lawsuits. The Communique was directed at the House of Bishops.

Kevin said...

RE: The Communique was directed at the House of Bishops.

Dar Es Salaam Communique was directed at both parties. Here is where TEC a& allies embedded things.

Technically all parties are in breech of the Primates currently on the property issue.

The filing was a record of vote with the intent to negotiate property - True

DioVA enter into property negotiation - True

815 stopped all negotiations - True

Law suits filed to evict CANA from property - True

In worlds ethics no fault on either side (despite 815 claims to fiduciary duties - that depends to whom), but clearly in against 1 Cor 6.

The Primates urge the representatives of The Episcopal Church and of those congregations in property disputes with it to suspend all actions in law arising in this situation. We also urge both parties to give assurances that no steps will be taken to alienate property from The Episcopal Church without its consent or to deny the use of that property to those congregations.

This is messy. I'm not a canon lawyer, but I'd read as 815 is in breech for the law suits, but the Primates enshrine the Dennis canon in terms of property but not allowed to kick CANA out rather TEC holds title and must allow access.

I'm not real happy about the Communique here.

Matthew said...

Is anyone else bothered by the punitive spirit that seems to creep into these property disputes? Regardless of the rightness or wrongness of the case (and I have my own very strong opinions) I would hope that Episcopalians/Anglicans/Christians could and would behave better.

I whole heartedly endorse what the Primates said on the subject of these lawsuits. They are a disgrace. Assuming arguendo that the plaintiffs are totally right, there still is no reason not to try to mediate out a settlement.

Filing first is simply not the way to behave.