If two users are fighting should it be open or should there by a closed mediation process? Mediation is typically confidential and only involves those directly involved in a dispute. If mediation fails the agreement between the parties (and this can all be done by agreement very easily because everything on Wikipedia is in writing) then it goes to whatever dispute resolution process is otherwise there.
The advantage of private mediation is it allows the parties to vent and get their disputes off their chests withouf the fear that somehow what they say will be used against them. The ideal is that by communicating (through a third party that is trained in conciliation and compromise) that the parties actually understand each other better.
I think this might be useful on Wikipedia because it is such a communal and cooperative environment. Of course the privacy is done is a way that there is no record, but if the mediation resolves, then there is no need for there to be a record, it is all reduced to a mediation resolution agreement and anything discussed during mediation is not recorded.
This looks useful, but it sounds like it would either: a) require everyone's email address, which we don't want to do, but it would make an effective mediation system. or b) make a complex messaging system within wikipedia, which would be beneficial, but might be difficult or time-consuming to code and would also slow Wikipedia down.
In arbitration this is going to be someone who acts as an impartial decision maker. That might be Jimbo, but there could be a committee that has a few online members who have some training in this area and who are prepared to see the process through. Many arbitration proceedings also use three arbitrators. One chosen by each side and the third chosen by the two arbitrators in order to insure some kind of impartiality. They could also make a decision that could be submitted to Jimbo and he could either confirm the decision or decide to grant the user clemency in his discretion as our personal Lord and Master. (Hear ye, hear ye, the Court of Jimbo's Bench is now is sesssion!)
[lots of complex procedures]
Wikipedia's goal is to make an encyclopedia, not a judicial system. Any big debates that are not solved by mediation could just go on village pump, an article talk page, or, if it's really hard to resolve, the mailing list. A private messaging system would be useful (but possibly difficult to impliment), but more than that would be too much. The user talk system seems to work well currently; maybe I missed something about an actual problem with it that's come up. LDan
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