[WikiEN-l] Re: Compulsory Mediation, Was Arbitration Commitee Seeking Comment
Anthere
anthere9 at yahoo.com
Tue Jun 7 11:50:22 UTC 2005
Fred Bauder a écrit:
> Suppose we did require cooperation with mediation and consider how the
> user conducted themselves and sanction those who don't cooperate. What
> do we gain, what do we lose?
>
> Fred
I would be happy to have a legal person give his opinion here.
In real life, mediation is essentially a choice, not a
requirement/obligation.
I am a little dubious of the deep underlying significance of being
punished for refusing mediation when in conflict. I also fear "refusing
cooperation" in mediation would have to be a decision of the mediator...
which implies a loss of neutrality... as well as requires a mandatory
report of the mediator to the arbcom... possibly fueling a bad
relationship between the mediator and the people in conflict.
Since the relationship should be first based in confidence, I am perplex
of the implications it might result to.
If this is done, I hope mediators will not be *required* necessarily to
report on the mediation outcome and details of cooperation or non
cooperation, but that it will be at least a choice.
Ant
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