Daniel Mayer a écrit:
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.
Since mediation are usually done by only one mediator, how do you think we could do this ? It happened that some cases were discussed a bit with other mediators, for support, but since mediation is private; and what is said is private, how could the opinion of the full committe have more weight that the opinion of the mediator only ?
How are we supposed to give our opinion on a mediation we know little about ?