Jussi-Ville Heiskanen a écrit:
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
I am confused about what you say here. I have the feeling that I am concerned by this comment, so I would like you to rephrase your comment :-(