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