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Choosing Who Sits on the Panel
Everyday life

Choosing Who Sits on the Panel

Ubbāhikāya sammannitabbo

When a matter is too large for the whole assembly, the Saṅgha appoints a small committee instead. The Parivāra gives the qualities of those who should and should not be appointed: grasp of the substance, an even temper, and freedom from bias.

8 points

In the Parivāra of the Vinaya Piṭaka, in the Upālipañcaka, Ubbāhikavagga, Venerable Upāli asks with how many qualities a monk should not be appointed by the ubbāhikā method. Ubbāhikā is the procedure by which the Saṅgha selects a small group of monks to deal with a matter the full assembly cannot settle — as the Navasaṅgahavagga puts it, if the assembly contains many shameless people, the Saṅgha should settle the matter by ubbāhikā.

The Buddha answers in sets of five, giving the disqualifying side first and then the qualifying side. The first set concerns understanding, the next temperament, the next how one works with the parties involved, and the last bias and shame.

He then gives the five qualities of a monk reckoned as truly foolish and truly wise, and in the following chapter, the Adhikaraṇavūpasamavagga, the qualities of one fit to settle a dispute.

  1. 1

    Grasping the meaning, the principle, the language and the order Atthakusalo hoti dhammakusalo hoti niruttikusalo hoti

    The first set says the one to be appointed is skilled in the meaning, skilled in the Dhamma, skilled in language, skilled in the wording, and skilled in what comes before and after. One lacking all five should not be appointed.

    Applying it in daily life

    Choose someone who can read the regulations and see where one clause contradicts another, not someone who can only quote the text.

  2. 2

    Not prone to anger or envy, and not rigid in their own view Asandiṭṭhiparāmāsī hoti anādhānaggāhī

    The second set says not to appoint one who is angry and overcome by anger, who denigrates others, who is contentious, who is envious, or who clings to his own view, holding it tightly and letting go of it with difficulty. The one to appoint is the opposite — especially in letting go of his own view easily when shown a better reason.

    Applying it in daily life

    When forming a panel, give weight to people you have seen change their own position in front of a meeting when new information appeared.

  3. 3

    Patient, and receiving instruction respectfully Khamo hoti padakkhiṇaggāhī anusāsaniṃ

    The third set says not to appoint one who becomes angry, who bears ill will, who is hurtful, who provokes anger in others, and who is impatient and does not receive instruction respectfully. The one to appoint is patient and receives instruction respectfully.

    Applying it in daily life

    Beware the persuasive speaker who enjoys provoking the other side; they will draw the process out for no good reason.

  4. 4

    One who reminds, not one who leads astray Sāretā hoti no pasāretā

    The fourth set says the one to appoint reminds rather than leads astray, speaks having first obtained the other's leave, presses a charge and applies the penalty according to the Dhamma, the Vinaya and the offence, and states his own view openly.

    Applying it in daily life

    In a fact-finding interview, ask in a way that helps the person recall — for instance in time order — rather than setting traps in their wording.

  5. 5

    Free of the four biases, and having shame Na chandāgatiṃ gacchati

    The fifth set says not to appoint one who goes by bias through liking, through aversion, through confusion or through fear, or who is without shame. The one to appoint is free of all four biases and has a sense of shame.

    Applying it in daily life

    If a panel member is close to one of the parties, or afraid of a party who outranks them, they should step aside at the outset.

  6. 6

    And they must really know the rules Kusalo ca hoti vinaye

    The last set repeats the four biases but changes the fifth item to being skilled in the Vinaya: impartiality alone is not enough. Without real knowledge of the rules, no decision can be reached.

    Applying it in daily life

    A committee that is impartial but where nobody has read the regulations through will produce decisions that are overturned later.

  7. 7

    What truly foolish and truly wise are measured by Paṇḍitotveva saṅkhaṃ gacchati

    One reckoned as truly foolish does not know the discourses, what conforms to them, the Vinaya, or what conforms to it, and is not skilled in what is possible and impossible. The truly wise knows all five. Another set measures it by knowing the case, the origin story, the rule, the clause added later, and the way the words connect.

    Applying it in daily life

    Judge someone's knowledge by their ability to say what is impossible, not by the volume of what they can say.

  8. 8

    Who should settle a matter Alaṃ adhikaraṇaṃ vūpasametuṃ

    The Adhikaraṇavūpasamavagga says one fit to settle a dispute knows the offence, its origin, the course of conduct that leads to it, and how it is settled, and is skilled in adjudicating offences. Another set uses the same wording but replaces offence with dispute: knowing the matter, its origin, its course, how it is settled, and being skilled in adjudicating it.

    Applying it in daily life

    Before taking on a mediation, ask yourself whether you know what gave rise to this and what workable ways there are for it to end.

Try it in daily life

Every organisation has matters the full meeting cannot resolve, so a working group or fact-finding panel is appointed. This is a selection checklist for exactly that, and what stands out is that most of the criteria are not about rank or seniority but about understanding and temperament.

The most overlooked item is not holding tightly to one's own view and being hard to dislodge. A clever person who cannot change their mind will stall a panel more than a less knowledgeable one who listens. Another is being one who reminds rather than one who leads astray — asking in a way that helps someone recall, not in a way that traps them into misspeaking.

If you choose committee members, use this as a checklist; if you are asked to serve, use it on yourself first, especially the item about bias through liking, aversion, confusion and fear.

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