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(Ed. note: Pastors who lead their churches to discipline members for sinful actions hope for biblical resolution, but they also face legal complications. In part two of our interview, Ken Sande advises that despite the liability questions, church discipline can be carried out successfully.

Ken offered encouraging examples in part one. Click here to read: Church Discipline Really Works, part one.)

Why are some churches reluctant to employ church discipline today?
Clearly our culture is seeping into the church. This includes a general breakdown in respect for authority, and the embracing of individualism, the attitude that says nobody can tell me what to do. And even the democratic perspective in our country has entered many churches, so people believe everything should be done in a democratic way.

Some think issues of discipline should be brought before the whole congregation. I have rarely seen that turn out in a restorative way. Most congregations have a wide spectrum of maturity: some very soft hearted who don't want to see anyone disciplined, and you've got the very legalistic and harsh. Bringing immature people together for a congregational vote is not a formula for restoration, understanding, and redemption.

Are there legal dangers for pastors and leaders as well?
We hear from pastors all the time who are considering disciplining a member for egregious behavior, but before anything can be done they get a phone call from an attorney threatening a lawsuit if the church says anything publicly about the member's behavior.

The average pastor tends to back off, and that is the end of that. The church may have avoided a lawsuit, but they will have done nothing to restore the brother or sister in sin or protect the church from further problems.

What are some things church leaders can do to overcome the dangers of using discipline?
Take God at his word. The Bible consistently presents discipline as an act of love and redemption. We have to loose the cultural idea that accountability and discipline are bad things.

Secondly, realize that preparation is 99 percent of the battle. Most churches do not prepare their congregations for discipline until a crisis hits. You can't just teach these things in one sermon. We need to be teaching about the blessings and meaning of discipline long in advance of a crisis.

It is also crucial to obtain informed consent. This is a legal term, and it is the only reliable defense against being sued. Informed consent means that the people in the church know what the bible says about discipline, they know exactly what the process involves, and they have agreed to submit to the process sometimes in the form of a membership covenant.

If we do not intentionally prepare our congregations for discipline we will undermine its effectiveness, and leave ourselves vulnerable to lawsuits. When preparation is done you can proceed with discipline without looking over your shoulder, and without fear of lawsuits.

In environments where people are less committed to one particular church, how can we prepare for discipline?
I believe churches that allow a lack of commitment for an extended period of time is an error both biblically and legally. We should be calling people to make a formal commitment to membership. It used to be the case that you could not move from church to church without a letter of transfer. That was done to maintain accountability and discipline.

The situation we find ourselves in today is like allowing all the kids in the neighborhood to play in your back yard. If they do some really bad and destructive things you are going to have a hard time responding because they are not your children, and you are limited in the discipline you can use. Today churches basically allow people to come in and play church year after year, but when there is a serious problem they find their ability to deal with it to be very limited.

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