Encounter and Understanding: The Heart of Synodal Dialogue

The Roman Catholic Church has used synods since the days of St. Peter and St. Paul. The word “synod” derives from the Greek word for “together.” Synods are assemblies where Bishops have traditionally gathered to dialogue, discern and decide as advisors to the Pope. In recent decades, Synods have focused on topics like youth, the family and the Amazon.

But the Synod on Synodality—launched by Pope Francis in 2021—didn’t focus only on a particular substantive topic. Instead, as we lawyers like to say, it focused on process in addition to substance: “the nature of our Church and how we are Church.” And this Synod wasn’t confined to Bishops; it gathered the People of God at all levels of the Church for mutual listening, dialogue, and community discernment. It began at the diocesan level and all baptized members of the Church were “invited to participate in local listening sessions to consider the question: ‘What steps does the Spirit invite us to take in order to grow in our ‘journeying together’?”

The Synod also included regional discernment processes and several global gatherings in Rome over three years, with documents going back and forth at the various levels. In October 2024, Pope Francis and the General Assembly of the Synod of Bishops approved a Final Document from this 16^th Synod, called: “For a Synodal Church: Communion, Participation, Mission.”

It is ironic that our own Bishop had to miss our celebration this evening because he was delayed on synodal matters in Rome! Bishop Cantú has devoted significant time, effort and prayer to this Synod, including a gathering on the campus of Santa Clara University. Synodal processes resonate deeply with our Jesuit charism, which emphasizes dialogue, discernment and solidarity with all on our Caminos—our journeying together toward God.

Our Bishop has written about his own “conversion” in terms of synodality. He was initially skeptical of Pope Francis’ proposal, concerned that the synodal process would be “unwieldy” and would undermine the authority of the bishops. However, after participating in a synodal process in Latin America that included contributions from over 70K people, he concluded that synodality is “in the long run” a “more effective [process]” for dialogue, discernment and decision making. Additionally, he noted that the process afforded opportunities to listen to those on the margins, including young people and those working with Afro-descendants in Latin America.

I hope that this brief overview provided some background about synodality and the most recent Synod. I’m now delighted to turn the podium over to the amazing Dean of our Jesuit School of Theology, who is a highly respected theologian and leader in Catholic & Jesuit circles. Fr. Orobator has significant experience with dialogue: he received the Hubert Walter Award for Reconciliation and Interfaith Cooperation from the Archbishop of Canterbury for his peacemaking work with leaders from South Sudan in 2019. He helped to lead the African continent’s pre-synodal gatherings and he was one of 364 voting members worldwide who participated in the Synod on Synodality.

Thank you, Dean, for sharing your unique experience of synodality with us and your thoughts on what it means for the future of our Church . . . [See Fr. Orobator’s Remarks: Orabator, Agbonkhianmeghe E. "No, synodality is not a 'Trojan Horse' that will destroy the church" America, 29 Oct. 2025, https://www.americamagazine.org/faith-and-reason/2025/10/29/synod-synodality-cardinal-muller-trojan-horse/]

Thank you, Fr. Orobator. Given my background in Conflict Resolution, I thought it might be helpful if I compared some aspects of synodality to mediation, a process more familiar to most judges, lawyers and law students. Of course, resolving a particular legal dispute is a very different goal than that of synodality, which is to build up the community of the Baptized and bring the Gospel to the whole world through conversation in the Spirit. This Synod was also a much more global, extensive and ongoing process than legal mediation.

Yet, like effective mediation, synodality prioritizes certain skills or habits. First, listening with respect to all participants is key in both. Participants must be open to learning from other perspectives and gaining new knowledge. In mediation, this can lead to a better understanding of where a lawsuit might settle or creative options for business partners going forward. Synodality asks participants to hold the contributions of others in reverence and with humility. For example, in the second round of synodal conversations, participants were asked to say what they heard, how they received it and how it impacted their thinking. The Final Document noted that, given the great diversity within our Church, synodality invites “each person to recognize their particular situatedness, resist the temptation of being at the center, and open oneself to the acceptance of other perspectives.”

Another similarity between mediation and synodality is the attention to a process that enhances communication. Fr. Orobator speaks of “synodal architecture.” Prior to this Synod, such gatherings were held in an amphitheater and people sat in their order of importance listening to a speaker at the front. For the most recent Synod, participants gathered in groups with diverse people from various levels of authority (e.g., Bishops and lay people) at small round tables, which is a classic mediation format designed to break down barriers and enhance communication.

Third, mediation asks lawyers to center others—particularly their clients—so that the discussion is not dominated only by the legal experts. Synodality emphasizes the important contributions of all the baptized—not just those with ecclesiastical expertise and positions of authority in the Church. The Final Document mentions that “[m]any participants were delighted and surprised to be asked to share their thoughts and to be given the opportunity to have their voices heard in the community.”

Additionally, through synodality, “We listen to [those] suffering” and the marginalized. For example, Fr. Orobator was inspired by women speaking for themselves about women’s roles in Church ministry at the recent Synod. Similarly, mediation allows us to hear directly from parties who are grieving, angry, sad or who feel unjustly treated about issues affecting them deeply. That affords them some measure of dignity and autonomy which is not always available in a courtroom.

Of course, there are a wide range of mediation processes. You may have experienced mediation as primarily evaluative. You may have experienced only shuttle diplomacy, where each side works in caucus with the mediator and never speaks directly with or listens deeply to the people on the other side. And that can be a very effective way to resolve many legal disputes quickly and efficiently.

However, mediation can also involve a broad facilitative process that takes place over time, involving many, many parties to a conflict (e.g., a situation of mass injuries, an environmental matter affecting an entire city, or a conflict within an academic department or parish). Sometimes, restorative justice and circle practices can be used effectively with youth offenders, to deal with racial or ethnic injustices or for community-wide conflicts.

And even traditional legal disputes can provide opportunities for relationship building, peace and reconciliation. For example, years ago a drunken teenage driver caused an accident which killed several of his friends. The mediation was shaped so that he could apologize for his conduct, he and the parents of his friends could express their grief, and the parents could forgive the young driver. I’ve heard of similar cathartic moments in mediations involving siblings fighting over their parents’ estate or longtime partners disputing over a business they built together.

Beyond the formal process, mediation skills—and a mediation mindset—can impact our lives for the better. A prominent graduate of our Law School who shaped one of the most successful global companies offering mediation services told my students that when he became a mediator, he “learned to take joy in hearing and understanding where others are coming from, pleasure in learning from others and elevating them” and it changed him as a person. In his work and personal life, he moved from being self-centered to more focused on others. I didn’t even script him or ask him to address this point, but I loved it because the Jesuits are all about educating the “whole person” and producing men and women for others.

I hope that our law students recognize the similarities between this mediation or synodal mindset and the 5 habits of mind that Dean Kaufman promises you will learn at Santa Clara Law—a disciplined, discerning, creative, ethical and respectful mindset.

Listening can be hard, exhausting work. The Final Document acknowledges, “We cannot deny that we have faced fatigue, resistance to change and the temptation to let our own ideas prevail over listening to the Gospel and the practice of discernment.” It mentions the human temptation to resolve conflicts by force rather than by dialogue. But it concludes that with time and practice, “we will get better at this habit.” We can uncover “hidden energies of love . . . generosity and sharing that lie within us.”

As Bishop Cantú observed, “The presence of the Holy Spirit was palpably at work in this process of synodality. Not only is one privileged to engage in this process and to have a voice in the process, but by participating, one is ushered into the sacred discipline of listening to others” and to the Holy Spirit.

As we look to the future, let’s ponder: How can we help our Church be more synodal?

For example, would the St. Thomas More Society want to do something convene? What might we do here at Santa Clara University? Our growing law student chapter of the St. Thomas More Society is a great resource if we want to listen to youth.

Would more training in conflict resolution skills be helpful? Law schools teach students to be articulate advocates, but we don’t emphasize active listening much. As 1Ls, we were all trained to anticipate the opposing argument while another person was speaking and that quick, defensive approach can block our ability to listen fully. I am feeling increasingly called to dedicate this last phase of my career to our Conflict Resolution Program and expanded opportunities for students to learn mediation skills and a more synodal mindset.

Thanks to each of you for listening so well tonight! God bless.