Brian M wrote:
That is a role that mediation should play.
-- mav
Why separate "mediation" from "arbitration"? Why such complicated dispute resolution procedures? It is almost as if we want to make it hard and complicated to resolve disputes, something you can only do if you are determined. What is the logic behind that?
Wouldn't mediation work better if the parties knew that the mediator seeking a resolution to a dispute/behaviour problem had the ready means to impose a sanction on any parties deemed not to be cooperating? Iron fist in the velvet glove. At present, in the case of real a behaviour problem (as opposed to a good-faith difference of opinion) mediation is a hoop people have to jump through to get to arbitration, and anyway it is broken.
When a mediator needs to use an iron fist he has proved himself incompetent as a mediator, and should be fired.
Ec