On Mon, 2004-03-29 at 23:44, Ray Saintonge wrote:
Jimmy Wales wrote:
Angela wrote:
--- Jussi-Ville Heiskanen
<jheiskan(a)welho.com> wrote:
Please, let us invest the Mediation Committee with
an
explicit power of binding referral to the Arbitration
Committee...
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?
I agree with this completely.
Although I agree in principle, there is still a need to condider the
workload that the arbitrators have, and the amount of time that they
have to do it.
Ec
I have continued to consider this matter, and I seriously feel that your
concern is exaggerated. The only thing the arbitration committee would
need
to figure out, is in which form they would decide and send back a
censure of a
"timewasting" referral by the mediation committee.
The possibility of such a censure would in most cases stop the mediation
committee from becoming an easy "rubber stamp" for any old troll. As the
mediation committee is currently set up as the communal spittoon anyhow,
an even moderately worded censure by the arbitration committee would
necessarily carry weight, if the censure itself was not lightly given.
The arbitration committee might also decide to make a swift decision of
dismissal; with the normal 6 votes needed, of course, without finding
the referral by the mediation committee itself worth censure.
Or there are of course other ways to set it up... Your imagination is
your limit. I trust that if the wise heads in the arbitration committee
really seriously decided to take this on board, a solution that is in
the interest of both the mediation committee and arbitration committees
workload limitation can be worked out.
One thing that would help that, BTW, would be a regularized form of
communication between the two bodies.
Jussi-Ville Heiskanen