![handle is hein.journals/rjlr19 and id is 1 raw text is:
RELIGIOUS ARBITRATION IN PRIMARY AND SECONDARY PRIVATE
SCHOOLs:A COST-BENEFIT ANALYSIS MODEL
Raquel Muniz*
I. INTRODUCTION
Parents, guardians, and persons in parental relation with a child
(_parents:) who enroll their children in religious private schools
(_private schools:) may be choosing more than just religious
education for their children. They may be, knowingly or
unknowingly, choosing arbitration as the venue for any statutory
claim arising between the student and the school. Student
enrollment applications for private schools may contain clauses
calling for faith-based arbitration of all claims that may arise.2
* Raquel Mu iz is a 2018J .D. Candidate at Penn State Law and Ph.D.
Candidate in Educational Theory and Policy at the Penn State University,
College of Education. She serves as a Managing Editor for Penn State Law s
Arbitration Law Review. Upon graduation, she will join the Lynch School of
Education at Boston College as an Assistant Professor of Educational Law and
Policy. My deepest thanks to Dr. Mindy Kornhaber, an editorial wizard, and to
The RutgersJ ournal of Law and Religion editorial board for their thoughtful and
most helpful suggestions.
2 See, e.g., Mediation and Binding Arbitration Agreement and Waiver of J ury
Trial, Helena Christian School, https://www.helenachristian.org/copy-of-
handbook-agreement (last visited Mar. 2, 2018) (_The parties to this Contract are
Christians and believe that the Bible commands them to make every effort to live
at peace and to resolve disputes with each other in private or within the Christian
community in conformity with the biblical injunctions of 1 Corinthians 6:1-18 and
Matthew 18:15-20. Therefore, the parties agree that any claims or dispute arising
out of, or related to, this contract or any aspect of the relationships arising out of
the Contract, including disputes over re-enrollment, including claims under
federal, state, and local statutory or common law, the law of contract, and law of
tort, shall be settled by biblically based alternative dispute resolution.:). This
clause mirrors the language of The Institute for Christian Conciliation s
recommended clause for Christian schools. See Conciliation Clauses, INST. OF
CHRISTIAN CONCILIATION, http://peacemaker.net/conciliation-clauses-2/(last visited
Mar. 2, 2018) (_The parties to this agreement are Christians and believe that the
Bible commands them to make every effort to live at peace and to resolve disputes
with each other in private or within the Christian community in conformity with
the biblical injunctions of 1 Corinthians 6:1-8, Matthew 5:23-24, and Mathew
18:15-20. Therefore, the parties agree that any claim or dispute arising out of or
related to this agreement or to any aspect of the employment relationship,
including claims under federal, state, or local statutory or common law, the law of
contract, and law of tort, shall be settled by biblically based mediation[, and if no
agreement is reached, by biblically based arbitration.]:).](ViewImageLocal?handle=hein.journals/rjlr19&div=1&collection=&method=preview&ext=.png&size=3)
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