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