On Tue, 2004-03-30 at 11:44, Daniel Mayer wrote: 
Angela wrote:
> I completely agree with Cimon. If participants in
> mediation have followed all the steps of the dispute
> resolution process, mediation has failed, and the
> mediation committee recommends arbitration, is there
> any reason the arbitrators still need to vote on
> whether to accept the case? Can they not trust the
> mediation committee to make these referrals? 

Let's not confuse recommendations by the entire mediation committee (majority 
vote) with recommendations by a single mediator. The first should be 
seriously considered, of course. But only so many cases can be worked on at one
time so we still need to regulate the process. 

-- Daniel Mayer (aka mav)

Firstly, as you as an arbitration body clearly wish to have an effective regulator for the process, why should you not give those who are to *be* the regulators enough authority to *effectively* actually *act* as regulators!

I have yet to see any suggestion that each and every mediator should be given the authority to solo refer a matter to the arbitration committee. And personally I have no objection at all that the arbitration committee police the mediation committee against overreach of authority.

But if there is *no* authority, there will not be anything other than overreach of authority, as the mediation committee, and its members will have to conduct
their remit somehow, even if they lack authority.

Jussi-Ville Heiskanen