[WikiEN-l] Re: Qualifications for referrals to arbitration.

[Anthere]

Jussi-Ville Heiskanen a écrit:
> 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 :-(