[WikiEN-l] Jimbo's political theory

[Ray Saintonge]

Anthony DiPierro wrote:

> It doesn't seem that arbitration is always an option.  I'm listed for 
> possible arbitration, but mediation has never been offered.

This is an interesting observation.  I say this as a person who avoids 
following the endless ongoing behaviour disputes disputes.  I have no 
opinion about the truth of the underlying facts of this case.  

People often enter disputes with a preconception about outcomes.  They 
draw lines in the sand which after a sandstorm are only visible to them. 
 The long-established user often should be the one to accept greater 
responsibility in a matter, rather than pursuing an obsession with 
enforcing those rules that he may have personally helped to establish. 
 The new offender may have an interesting perspective on the issue at 
hand that was never considered when the rule was originally debated.

Mediation options should be made clear to anybody that seeks 
arbitration, and a claim such as Anthony has made above should be taken 
seriously.  If it proves factually correct, the matter should be sent 
back to mediation.  If either party refuses mediation, that fact should 
prominently influence the work of the arbitrators.  Yhe success of 
arbitration will very much depend on the willingness of the arbitrators 
to dismiss any claim which has not been brought to them through 
appropriate channels.  The test of this will be to apply that policy 
even when the claimant's case is factually strong.

Ec