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 :-(