---------- From: Fred Bauder fredbaud@ctelco.net Date: Sun, 25 Jan 2004 05:55:43 -0700 To: Steve Dunlop steve-dunlop@nerstrand.net, arbitration@nerstrand.net Subject: Decisions, Opinions, Precedents and Learning from Experience
I suggest that on any matter each arbitrator first state a conclusion such as accept or don't accept then a brief (or lengthy as it suits them) explanation of why. These votes and "opinions" should be available to all users. As to precedents, lets not consider ourselves bound by what we have done in the past but guided as it were by experience. In the case of matters we refuse to hear we can watch what happens when we do refuse to hear a matter. Likewise we can watch our difficulties and the consequences of acceptance and that experience can guide as a similar matters arise in the future.
Fred
From: "Steve Dunlop" steve-dunlop@nerstrand.net Date: Sun, 25 Jan 2004 06:39:45 -0600 To: arbitration@nerstrand.net Subject: Re: (Fwd) Re: Jurisdiction - keep it simple?
I also think it is important that we, as policy, do not give a reason for refusing to hear a dispute. To do so adds considerable work for us since we would have to reach consensus on the reason and the wording for each case we refuse. Such refusals may make precedents inadvertently so they would require careful work to construct.